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Province of Alberta

SCHOOL ACT

Revised Statutes of Alberta 2000


Chapter S-3

Current as of August 4, 2017

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Note

All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.

Amendments not in Force

This consolidation incorporates only those amendments in force on the


consolidation date shown on the cover. It does not include the following
amendments:

Repealed and superseded by 2012 cE-0.3 s289.

RSA 2000 c30 (Supp) s2 amends s39, s3 amends s60.1.

2003 c9 s2 (repealed by 2012 cE-0.3 s289 unproclaimed) amends s13, s3


(repealed by 2012 cE-0.3 s289 unproclaimed) repeals s15, s4 (repealed by 2012
cE-0.3 s289 unproclaimed) repeals ss126 to 130 and the heading preceding s126,
s5 (repealed by 2012 cE-0.3 s289 unproclaimed) amends s144, s6 (repealed by
2012 cE-0.3 s289 unproclaimed) amends ss24, 25, 44, 54, 123 and 124.

2005 c28 s10 (repealed by 2012 cE-0.3 s289 unproclaimed) amends s136.

2013 cC-12.5 s21 amends s44.

2017 c13 s1 amends s1(1), adds s62.1, amends s63(1), renumbers s197 and adds
ss197(2) and (3).
Regulations

The following is a list of the regulations made under the School Act that are filed
as Alberta Regulations under the Regulations Act
Alta. Reg. Amendments

School Act
Alberta School Foundation Fund ...................250/96 ............. 166/2001, 251/2001,
223/2006, 112/2016
Board of Reference Fees ................................93/98 ............... 251/2001, 63/2003,
242/2005, 18/2013,
109/2015, 112/2016
Capital Borrowing ..........................................188/98 ............. 251/2001, 236/2003,
145/2008, 37/2009,
262/2009, 132/2010,
150/2012, 231/2012,
133/2015, 136/2016
Certification of Teachers ................................3/99 ................. 206/2001, 251/2001,
213/2003, 92/2008,
106/2010, 231/2012,
133/2015, 136/2016
Charter Schools ..............................................212/2002 ......... 33/2012, 231/2012,
133/2015, 136/2016
Closure of Schools .........................................238/97 ............. 223/2002, 135/2003,
257/2003, 170/2004,
163/2008, 85/2010,
150/2012, 231/2012,
133/2015, 136/2016
Disposition of Property ..................................181/2010 ......... 136/2016
Early Childhood Services ...............................31/2002 ........... 245/2007, 36/2009,
231/2012, 133/2015,
136/2016
Home Education .............................................145/2006 ......... 164/2011, 231/2012,
133/2015, 136/2016
Practice Review of Teachers ..........................11/2010
Private Schools ...............................................190/2000 ......... 251/2001, 108/2004,
43/2005, 225/2006,
228/2009, 231/2012,
133/2015, 136/2016
School Board Investment ...............................1/2007 ............. 136/2016
School Buildings and Tendering ....................383/88 ............. 251/2001
School Councils .............................................113/2007 ......... 136/2016
School Fees and Costs ....................................101/2017
School Transportation ....................................102/2017 ......... 161/2017
Separate School Regions Establishment
and Provision of Services Order ...............109/2002
Special School Tax Levy Plebiscite ...............94/98 ............... 251/2001, 63/2003,
181/2008, 18/2013,
109/2015, 112/2016
Student Evaluation .........................................177/2003 ......... 108/2004, 105/2005,
139/2009, 133/2015,
136/2016
Student Record ...............................................225/2006 ......... 229/2009, 170/2012,
133/2015, 136/2016
Superintendent of Schools ..............................178/2003 ......... 90/2005, 88/2007,
138/2009, 231/2012,
133/2015, 136/2016
Withdrawal of Ward Plebiscite ......................27/2004 ........... 215/2010, 231/2012,
133/2015, 136/2016
SCHOOL ACT

Chapter S-3

Table of Contents
1 Interpretation
2 Limitations
3 Diversity in shared values
4 Application to Francophone Education Regions
5 Application to regional divisions
6 Enrolment in Francophone school
7 Regulations

Part 1
Students
8 Right of access to education
9 Language of instruction - English
10 Language of instruction - French
11 Other languages of instruction
12 Students
13 Compulsory education
14 Enforcing school attendance
15 Attendance at school
16 Liability for damage to property by student
16.1 Support for student organizations
16.2 Parents

Part 2
Schools
Division 1
Schools Operated by a Board
17 Application of Division
18 Teachers
19 Principals designated
20 Principals

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21 Alternative programs
22 School council
23 Student records
24 Suspension
25 Expulsion
26 Flags
27 Prohibited activities

Division 2
Other Schools
28 Private schools
29 Home education program
30 Early childhood services program

Division 3
Charter Schools
31 Application
32 Charter schools
33 Restriction on operator
33.1 Transitional
34 Operation of charter schools
35 Charter
36 Application of Act
37 Regulations
38 Application of order or regulation

Division 4
General
39 Courses, programs, etc.
39.1 Fees and costs
40 Investigators
41 Inquiry into administration
42 Official trustee
43 Inspections
43.1 Bullying Awareness and Prevention Week

Part 3
School Boards
Division 1
Provision of Educational and Associated Services
44 Resident student
45 Responsibility to students
45.1 Board responsibility

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46 Foreign students
47 Special education program
48 Special Needs Tribunal
49 Tuition fees
50 Religious and patriotic instruction
50.1 Notice to parent
50.2 Complaint process
51 Transportation
52 Transport by parent
53 Maintenance allowance
54 Off-campus education programs
55 Continuing education
56 School day and year
57 Emergency closure of school building
58 Closure of schools, etc.

Division 2
Operation and Management
59 Powers of separate school boards
60 Powers of boards
61 Delegation of power
61.1 Avoiding duplication of functions
62 Agreements
63 Joint committees, etc.
64 Organizational meeting
65 Chair
66 Regular meetings
67 Special meetings
68 Procedure
69 Readings of bylaw
70 Open meetings
71 Quorum
72 Voting on question
73 Required votes
74 Records
75 Inspection of documents
76 Oath of office
77 Requests to provide information
78 Accountability of board
79 Regulations

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Division 3
Conflict of Interest
80 Pecuniary interest
81 Disclosure of information
82 Disqualification of trustees
83 Disclosure of pecuniary interest
84 Effect of interest on contract
85 Resignation on disqualification
86 Refusal to resign on disqualification
87 Appeal of boards resolution
88 Hearing of application
89 Dismissal of application for disqualification
90 Appeal of declaration of disqualification
91 Reimbursement

Part 4
Employment
Division 1
Teachers
92 Qualifications re employment
93 Qualifications re supervisory position
94 Regulations
95 Acting principal
96 Administrative, supervisory and consultative positions
97 Contracts of employment
98 Probationary contract
99 Continuing contract
100 Substitute teachers
101 Temporary contract
102 Interim contract
103 Part-time contract
104 Transfer of teacher
105 Suspension of teacher
106 Termination of contract
107 Termination by board
108 Termination by teacher
109 Notice of termination
109.1 Duty to report
110 Termination of designation
111 Salaries
112 Unqualified teachers

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Division 2
Non-teaching Employees
113 Superintendent of schools
114 Term of appointment
115 Regulations
116 Secretary and treasurer
117 Other non-teaching employees

Division 3
General
118 Medical examination
119 Labour relations
120 Trustees
121 Employee contracts
122 Return of property on ceasing to hold office

Part 5
Appeals
Division 1
Appeals Concerning Student Matters
123 Appeal to board
124 Review by the Minister
125 Powers on review

Division 2
Attendance Board
126 Duties re hearings
127 Matters governing hearings
128 Order of Board
129 Establishment of Board
130 Sitting in panels

Division 3
Board of Reference
131 Board
132 Appeal
133 Notice of appeal
134 Appeal referred to Board
135 Investigation
136 Hearing
137 Appeal from suspension
138 Order of Board

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139 Irregularities in notice of appeal


140 Costs
141 Deposit
142 Enforcement of order
143 Appeal to Court of Appeal

Division 4
Protection from Liability
144, 144.1 Protection from liability

Part 6
Finance
Division 1
General
145 Definitions
146 Auditor
147 Financial reporting
148 Contents of financial statements and authority to
disclose personal information
149 Auditors report
150 Examination of auditors report
151 Report to Minister
152 Application of funds

Division 2
Assessment of Property
152.1 Interpretation
153 Assessment
154 Property owned by individuals
155 List of separate school district residents
156,157 Notice of assessability
158 Evidence
159 Effect of notice
160 Assessment of corporation
161 Equalized assessment
162 False statement re assessment
163 Offence

Division 3
Requisitions
164 Calculation of requisition by board
164.1 Requisition deemed valid and binding
165 Submission of requisition

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166 Statement to boards by municipality


167 Copy of assessment roll
168 Payment by council of a municipality
169 Interest

Division 4
Alberta School Foundation Fund
170 Dissolution of School Foundation Program Fund
171 Application of this Division
172 Alberta School Foundation Fund
173 Taxing authority
174 Payment into the Fund
175 Default
176 Payment from the Fund
177 Collecting boards
178 Effect of cessation of services

Division 5
Levying and Collecting Taxes by a Board
179 Definition
180 Authorization of levy and collect taxes
181 Collecting board
182 Exemption

Division 6
Borrowing
183 Borrowing
184 Loan on debentures limited
185 Validity of debentures
186 Use of unexpended debenture proceeds
187 Improper application of money borrowed
188 Liability of trustees
189 Enforcement of liability of trustees

Division 7
Special School Tax Levy
190 Plebiscite
191 Special school tax levy
192 Assessment and requisition
193 Plebiscite
194 Hamlet

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Part 7
Property
Division 1
General
195 Real and personal property
196 Acquisition of property
197 Joint property
198 Buildings other than school buildings
199 Expropriation
200 Disposition of property
201 Regulations

Division 2
School Buildings
203 Approval
204 School building projects
205 Approval of project
206 Regulations

Part 8
Creation, Dissolution and Alteration
of Districts, Divisions and Boards
Division 1
Establishment and Dissolution of Public
School Districts and Divisions
207 Establishment of district
208 Establishment of division
209 Effect of establishment
210 Rearrangement
211 Effect on town or village

Division 2
Establishment and Dissolution of Separate School Districts
212 Definitions
213 Right to establish separate schools
214 Petition for establishment
215 Calling of meeting
216 Notice of meeting
217 Conduct of meeting
218 Notification to Minister
219 Establishment of district
220 Effect of establishment

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221 Dissolution

Division 2.1
Establishment of Separate School Regions
221.1 Definition
221.2 Establishment of Separate School Region
221.3 Regulations

Division 3
Establishment and Dissolution of Regional Divisions
222 Regional agreements
223 Establishment of regional division
224 Bylaws
225 Lieutenant Governor in Council order
226 Election of trustees
227 Effect of establishment
228 Petition for plebiscite to withdraw ward from regional division
229 Elected ward representatives
230 Vote against withdrawal of ward
231 Vote in favour of withdrawal of ward
232 Addition of ward to another regional division
233 Addition of ward to district or school division
234 Failure of negotiations
235 Regulations
236 Regional divisions consisting of former counties or Town of Devon
237 Conversion of regional division to school division

Division 4
Boundaries and Alterations
238 Alteration of name or number
239 Addition of land
240 Dissolution by Minister
241 Adjustment of assets and liabilities
242 Transfer of teachers
243 Publication of order
244 Boundaries
245 Restriction re alteration of boundaries

Division 5
Board of Trustees
246 Establishment
247 Number of trustees
248 Change of name

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249 Failure to elect trustee, etc.


250 Resignations
251 Filling vacancies
252 Official trustee

Part 9
Establishment and Dissolution of
Francophone Education Regions
252.1 Definitions
253 Establishment of Region
253.1 Minority in Region
254 Effect of establishment
255 Regional authority
255.1 Public and Separate Regional authorities
255.2 Transitional
255.3 Designation of schools
255.4 Separate school members
255.5 Responsibility and authority of Regional authority
256 Electors for Region
257 Dissolution of Regional authority

Part 10
General
261 Procedure for elections, etc.
262 Election for trustees
263 Petition
264 Presentation of petition to board
265 Determination of a petitions sufficiency
266 Insufficiency of a petition
267 Appeal re insufficiency
268 Petition calling for vote
269 Petition calling for public meeting
270 Notice of public meetings
271 Public notice
272 Alteration of time limits
273 Residence
274 Delegation of Ministers powers
275 Enforcement of judgment
276 Forms
277 Penalty
278 Penalty for failure to give information
279 Enforcement by Court
280 Labour Relations Code

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Part 11
Transitional
281 Continuation re boards, trustees, etc.

Preamble
WHEREAS the best educational interests of the student are the
paramount considerations in the exercise of any authority under
this Act;
WHEREAS parents have a right and a responsibility to make
decisions respecting the education of their children;
WHEREAS students are entitled to welcoming, caring, respectful
and safe learning environments that respect diversity and nurture a
sense of belonging and a positive sense of self;
WHEREAS there is one publicly funded system of education in
Alberta whose primary mandate is to provide education programs
to students through its two dimensions, the public schools and the
separate schools, in such a way that the rights guaranteed under the
Constitution of Canada of separate school electors are preserved
and maintained; and
WHEREAS the education community in making decisions should
consider the diverse nature and heritage of society in Alberta
within the context of its common values and beliefs; and
WHEREAS the Regional authority of a Francophone Education
Region has a unique responsibility and the authority to ensure that
both minority language educational rights and the rights and
privileges with respect to separate schools guaranteed under the
Constitution of Canada are protected in the Region, such that the
principles of francophone educational governance are distinct from,
not transferrable to nor a precedent for, the English educational
system; and
WHEREAS the Government of Alberta affirms its commitment to
the preservation and continuation of its one publicly funded system
of education through its two dimensions: the public schools and the
separate schools;
THEREFORE HER MAJESTY, by and with the advice and
consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation
1(1) In this Act,

(a) Attendance Board means an Attendance Board


appointed under section 129;

(b) board means a board of trustees of a district or division;

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Section 1 SCHOOL ACT Chapter S-3

(b.1) bullying means repeated and hostile or demeaning


behaviour by an individual in the school community
where the behaviour is intended to cause harm, fear or
distress to one or more other individuals in the school
community, including psychological harm or harm to an
individuals reputation;

(c) charter school means a school established under section


32;

(d) repealed 2001 c27 s3;

(e) department means the Department administered by the


Minister;

(f) district means a school district established pursuant to


this Act or any predecessor Act or Ordinance;

(g) division means a school division or regional division


established pursuant to this Act or any predecessor Act;

(h) early childhood services program means an education


program provided pursuant to section 30;

(i) elector means an elector as defined in the Local


Authorities Election Act;

(j) expel means to remove a student

(i) from school,

(ii) from one or more courses or education programs, or

(iii) from riding in a school bus

for a period of more than 10 school days in accordance


with section 25;

(k) Francophone means an individual referred to in section


10(1);

(l) home education program means an education program


provided pursuant to section 29;

(m) independent student means a student who is

(i) 18 years of age or older, or

(ii) 16 years of age or older and

(A) who is living independently, or

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Section 1 SCHOOL ACT Chapter S-3

(B) who is a party to an agreement under section


57.2 of the Child, Youth and Family
Enhancement Act;

(C) repealed RSA 2000 c32(Supp) s3;

(n) Indian means an Indian as defined in the Indian Act


(Canada);

(n.1) intimate image means an intimate image as defined in


the Protecting Victims of Non-consensual Distribution of
Intimate Images Act;

(o) Minister means the Minister determined under section


16 of the Government Organization Act as the Minister
responsible for this Act;

(p) municipality means a city, town, village, municipal


district, improvement district, special area or summer
village;

(q) parent means, in respect of a student, the relevant


individual under subsection (2) unless otherwise
specified;

(r) principal means a teacher designated as a principal or


acting principal under this Act;

(s) private school means a school registered under section


28;

(t) public school district means a public school district


established pursuant to this Act or any predecessor Act or
Ordinance;

(u) Region, except in Division 3 of Part 8, means a


Francophone Education Region established pursuant to
this Act;

(v) Regional authority means a Regional authority


established pursuant to this Act;

(w) regional division means a regional division established


pursuant to this Act;

(x) resident student means an individual who is entitled to


have access to an education program under section 8 and
who is a resident student as determined under section 44;

(y) school means a structured learning environment through


which an education program is offered to a student by

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Section 1 SCHOOL ACT Chapter S-3

(i) a board,

(ii) an operator of a private school,

(iii) an early childhood services program private operator,

(iv) a parent giving a home education program, or

(v) the Minister;

(z) school building means a building used for the


instruction or accommodation of students that is owned or
occupied by

(i) a school jurisdiction,

(ii) a school jurisdiction and a municipality, or

(iii) a school jurisdiction and another person;

(aa) school building project means

(i) the purchase, erection, relocation, renovation,


furnishing or equipping of,

(ii) the making of structural changes in,

(iii) the addition to or extension of, or

(iv) the building of access roads or site preparation for,

a school building;

(bb) school council means a school council established under


section 22;

(cc) school division means a school division established


pursuant to this Act;

(dd) school jurisdiction means a board, the Lloydminster


Public School Division or the Lloydminster Roman
Catholic Separate School District;

(ee) separate school district means a separate school district


established pursuant to this Act or any predecessor Act or
Ordinance;

(ff) special education program means an education program


referred to in section 47;

(gg) student means an individual who is

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Section 1 SCHOOL ACT Chapter S-3

(i) enrolled in a school, or

(ii) required under section 13 to attend school;

(hh) suspend means to remove a student

(i) from school,

(ii) from one or more class periods, courses or education


programs, or

(iii) from riding in a school bus

for a period of 10 school days or less in accordance with


section 24;

(ii) teacher means an individual who holds a certificate of


qualification as a teacher issued under this Act;

(jj) trustee means a member of a board;

(kk) unorganized territory means any area in Alberta that is


not included within a district or a division.

(1.1) Without limiting the generality of the definition of bullying


in subsection (1)(b.1), bullying includes the distribution of an
intimate image of another person knowing that the person depicted
in the image did not consent to the distribution, or being reckless as
to whether or not that person consented to the distribution.

(2) For the purposes of subsection (1)(q), the parent is

(a) subject to subsection (3),

(i) the guardian as set out in section 20 of the Family


Law Act,

(ii) the guardian appointed under Part 1, Division 5 of


the Child, Youth and Family Enhancement Act or
section 23 of the Family Law Act if the guardian
notifies the board in writing of the guardians
appointment, or

(iii) the guardian appointed under a will or document


referred to in section 22 of the Family Law Act
whose appointment has taken effect, if the guardian
notifies the board in writing of the guardians
appointment,

(b) notwithstanding clause (a), if the students guardian


resided in Alberta and has changed the guardians
residence so that it is outside Alberta or unknown, the

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Section 2 SCHOOL ACT Chapter S-3

individual who has care and control of the student as a


result of the change,

(c) notwithstanding clauses (a) and (b), the guardian of a


student appointed under a temporary or permanent
guardianship order or a permanent guardianship
agreement under the Child, Youth and Family
Enhancement Act if the guardian notifies the board in
writing of the guardians appointment, or

(d) notwithstanding clauses (a) to (c), the Minister of Justice


and Solicitor General if the student is in custody under the
Corrections Act, the Corrections and Conditional Release
Act (Canada), the Young Offenders Act or the Young
Offenders Act (Canada).

(2.1) The authority of a guardian to act under this Act is subject to


any limitation imposed by law on the authority of the guardian, and
where a person claims to be a parent or guardian or claims the
existence of any limitation on the authority of a parent or guardian,
the onus is on that person to provide proof of the claim.

(3) An independent student is entitled to exercise all the rights and


powers and receive all the benefits and is subject to all the
obligations under this Act that the students parent is entitled to
exercise or receive or is subject to, and the students parent shall
not exercise those rights, receive those benefits or be subject to
those obligations.
RSA 2000 cS-3 s1;RSA 2000 c32(Supp) s3;2001 c27 s3;
AR 49/2002 s9;2002 c30 s29;2003 cF-4.5 s124;
2003 c16 s117;2003 c41 s4(29);2007 c36 s5;2010 c16 s1(49);
2013 c10 s34;2015 c1 s3;2017 cP-26.9 s12

Limitations
2 The exercise of any right or the receipt of any benefit under this
Act is subject to those limitations that are reasonable in each
circumstance under which the right is being exercised or the benefit
is being received.
1988 cS-3.1 s2

Diversity in shared values


3(1) All education programs offered and instructional materials
used in schools must reflect the diverse nature and heritage of
society in Alberta, promote understanding and respect for others
and honour and respect the common values and beliefs of
Albertans.

(2) For greater certainty, education programs and instructional


materials referred to in subsection (1) must not promote or foster
doctrines of racial or ethnic superiority or persecution, religious

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Section 4 SCHOOL ACT Chapter S-3

intolerance or persecution, social change through violent action or


disobedience of laws.
1999 c28 s3

Application to Francophone Education Regions


4(1) The following apply to a Francophone Education Region and
its Regional authority, if any, as if the Region were a district and
the Regional authority were a board:

sections 1 to 4;
Part 1;
Part 2 except section 28;
Part 3 except sections 44 and 45;
Part 4;
Part 5;
sections 145 to 152, 178, 183 and 184 to 189;
Part 7 except section 200(3);
sections 238 to 245 and 247 to 252;
Part 10.

(2) If a provision of this Act applies to a Region, a reference to a


board in the provision is deemed to include a reference to the
Regional authority, if any.

(3) If a provision of this Act applies to a Region, a reference to a


trustee in the provision is deemed to include a reference to a
member of the Regional authority, if any.

(4) If a provision of this Act applies to a Region, a reference to a


resident student in the provision as it applies to the Region is
deemed to be a reference to a student enrolled in a school operated
by the Regional authority, if any.

(5) If a provision of this Act applies to a Region, a reference to an


elector in the provision as it applies to the Region is deemed to be a
reference to an individual referred to in section 256(1).

(6) If in any other Act a reference is made

(a) to a school district or division, the reference is deemed to


include a Region governed by a Regional authority, or

(b) to a school board or the trustees of a school board, the


reference is deemed to include a Regional authority or the
members of a Regional authority, as the case may be.

(7) Subsection (6) does not apply to a reference in the following


Acts:

Condominium Property Act;

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Section 5 SCHOOL ACT Chapter S-3

Drainage Districts Act;

Health Insurance Premiums Act;

Hospitals Act;

Northland School Division Act;

Parks Towns Act.

(8) Notwithstanding subsections (1) and (6), the Minister may


exempt a Region or a Regional authority from the application of a
provision of this or any other Act.
1993 c24 s3;1994 cS-13.3 s13;1995 c24 s99(31);1995 c27 s2

Application to regional divisions


5 If in any other Act a reference is made to a school district or a
division, the reference is deemed to include a regional division.
1993 c24 s3

Enrolment in Francophone school


6(1) If a students parent is a Francophone who requests that the
student be enrolled in a school operated by a Regional authority
and the student resides in the Region within the distance from the
school prescribed by regulation, the student is entitled to attend that
school and the Regional authority shall enrol the student in that
school.

(2) If a students parent is a Francophone who requests that the


student be enrolled in a school operated by a Regional authority
and the student does not reside in the Region within the distance
from the school prescribed by regulation, the Regional authority
may enrol the student in that school under the terms set by the
Regional authority.

(3) If a student is the child of a Francophone and is enrolled in a


school operated by a Regional authority, the student continues to be
a resident student of a board of a district, of a division or, if section
44(7) applies to the student, of the Government, but section 45 does
not apply to that board or the Minister, as the case may be, with
respect to that student while the student is enrolled in a school
operated by a Regional authority.
1993 c24 s3;1994 c29 s4

Regulations
7 The Minister may make regulations

(a) respecting the distance from a school operated by a


Regional authority referred to in section 6;

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Section 8 SCHOOL ACT Chapter S-3

(b) respecting the amount of fees or costs payable and by


whom the fees or costs are payable in respect of a student
who is the child of a Francophone and who is enrolled in a
francophone program operated by a board.
1993 c24 s3;1994 c29 s5

Part 1
Students
Right of access to education
8(1) Every individual

(a) who at September 1 in a year is 6 years of age or older


and younger than 19 years of age, and

(b) who is

(i) a Canadian citizen,

(ii) lawfully admitted to Canada for permanent


residence,

(iii) a child of a Canadian citizen, or

(iv) a child of an individual who is lawfully admitted to


Canada for permanent or temporary residence

is entitled to have access in that school year to an education


program in accordance with this Act.

(2) A board may permit an individual

(a) who at September 1 in a year is younger than 6 years of


age or older than 18 years of age, and

(b) who complies with subsection (1)(b),

to have access in that year to an education program in accordance


with this Act.
1988 cS-3.1 s3;1990 c36 s3

Language of instruction - English


9 Every student is entitled to receive school instruction in English.
1988 cS-3.1 s4

Language of instruction - French


10(1) If an individual has rights under section 23 of the Canadian
Charter of Rights and Freedoms to have the individuals children
receive school instruction in French, the individuals children are
entitled to receive that instruction in accordance with those rights
wherever in the Province those rights apply.

19
RSA 2000
Section 11 SCHOOL ACT Chapter S-3

(2) The Lieutenant Governor in Council may make regulations

(a) respecting the education generally of students whose


parents are Francophones;

(b) repealed 2001 c27 s4;

(c) notwithstanding any other provision of this Act,


respecting any matter required to give effect to subsection
(1).

(3) A student who is enrolled in a school operated by a Regional


authority is entitled to receive school instruction in French.

(4) A Regional authority shall provide to each student enrolled in a


school operated by it an education program consistent with the
requirements of this Act and the regulations.
RSA 2000 cS-3 s10;2001 c27 s4

Other languages of instruction


11(1) A board may authorize the use of French or any other
language as a language of instruction.

(2) The Minister may make regulations governing the provision of


instruction in any language authorized under subsection (1).
1988 cS-3.1 s6

Students
12 A student shall conduct himself or herself so as to reasonably
comply with the following code of conduct:

(a) be diligent in pursuing the students studies;

(b) attend school regularly and punctually;

(c) co-operate fully with everyone authorized by the board to


provide education programs and other services;

(d) comply with the rules of the school;

(e) account to the students teachers for the students conduct;

(f) respect the rights of others;

(g) ensure that the students conduct contributes to a


welcoming, caring, respectful and safe learning
environment that respects diversity and fosters a sense of
belonging;

(h) refrain from, report and not tolerate bullying or bullying


behaviour directed toward others in the school, whether or

20
RSA 2000
Section 13 SCHOOL ACT Chapter S-3

not it occurs within the school building, during the school


day or by electronic means;

(i) positively contribute to the students school and


community.
RSA 2000 cS-3 s12;2015 c1 s3

Compulsory education
13(1) An individual who

(a) is eligible to be enrolled in a school,

(b) at September 1 in a year is 6 years of age or older, and

(c) is younger than 16 years of age,

shall attend school.

(2) A board may establish an attendance area for a school.

(3) A resident student of a board who resides in the attendance


area for a school

(a) shall be enrolled in that school if a program offered in the


school is suitable for the student in the opinion of the
board, and

(b) shall be given priority over a student who does not reside
in the attendance area if there are insufficient resources
and facilities to accommodate both students in the opinion
of the board.

(4) A board shall make all reasonable efforts to ensure that a


student who is a resident student of the board or who is enrolled in
a school operated by the board attends school.

(5) Notwithstanding subsection (1), a student is excused from


attending school on a day on which the school is open if

(a) the student is unable to attend by reason of sickness or


other unavoidable cause,

(b) the day is recognized as a religious holiday by the


religious denomination to which the student belongs,

(c) the principal of the school has suspended the student from
school and the suspension is still in effect,

(d) the student has been expelled from a school and has not
been given permission to enroll in another school, or

21
RSA 2000
Section 14 SCHOOL ACT Chapter S-3

(e) the board or, if the student is enrolled in a private school


or resides in an unorganized territory, the Minister

(i) determines that the parent of the student has shown


sufficient cause as to why the student should not be
required to attend school, and

(ii) excuses the student from attending school for a


prescribed period of time.

(6) Where a student is excused from attendance at school under


subsection (5)(e), that student is excused from attendance at school
only during the period of time prescribed by the board or the
Minister, as the case may be.
1988 cS-3.1 s8;1990 c36 s4;1994 c29 s6

Enforcing school attendance


14(1) In this section,

(a) attendance officer means the superintendent or any


other individual designated by the board as an attendance
officer;

(b) judge means a judge of the Provincial Court;

(c) order means an order given under this section by a


judge or a justice of the peace.

(2) If an attendance officer has reasonable and probable grounds to


believe that a student is not attending school in accordance with
section 13, the attendance officer may do any or all of the
following:

(a) enter, during school hours,

(i) any building or premises other than a dwelling place,


and

(ii) if authorized by an order under subsection (3), a


dwelling place,

where the attendance officer has reason to believe the


student may be found or employed;

(b) send the student the attendance officer suspects of being


truant home or to school and accompany the student for
that purpose;

(c) deal with the student in accordance with the rules


prescribed by the board.

(3) If
22
RSA 2000
Section 15 SCHOOL ACT Chapter S-3

(a) an attendance officer has reasonable and probable grounds


to believe that a student who is not attending school as
required under this Act is located in a place or premises,
including a dwelling place, or

(b) a student does not comply with a proper direction given


by an attendance officer,

the attendance officer may act under subsection (4).

(4) If subsection (3) applies, the attendance officer may make an


ex parte application to a judge or, if a judge is not reasonably
available, to a justice of the peace for either or both of the
following orders:

(a) if the judge or justice of the peace is satisfied that the


student may be found in the place or premises, an order
authorizing the attendance officer named in the order to
enter the place or premises without force and search for
the student;

(b) an order requiring the student to comply with the


directions of the attendance officer.

(5) On hearing an application under this section, the judge or


justice of the peace, as the case may be, may grant the order
applied for subject to any terms or conditions that the judge or
justice of the peace considers appropriate in the circumstances.
1988 cS-3.1 s9

Attendance at school
15(1) Where

(a) a student who is required to attend a school under section


13 does not attend school, and

(b) attempts to enforce school attendance under section 14


have, in the opinion of the board, not been effective,

the board of which the student is a resident student or that operates


or supervises the school in which the student is enrolled may refer
the matter to the Attendance Board.

(2) Where a student who is required to attend a school under


section 13

(a) is enrolled in a private school, and

(b) does not regularly attend that private school,

and the person responsible for the operation of that private school
has made all reasonable efforts to ensure that the student attends
23
RSA 2000
Section 16 SCHOOL ACT Chapter S-3

school, the person responsible for the operation of that private


school shall refer the matter to the Attendance Board.
1988 cS-3.1 s10;1990 c36 s5

Liability for damage to property by student


16(1) If property of a board is destroyed, damaged, lost or
converted by the intentional or negligent act

(a) of one student, the student and the students parent are
jointly and severally liable to the board in respect of the
act of the student, or

(b) of 2 or more students acting together, the students and


their parents are jointly and severally liable to the board in
respect of the act of the students.

(2) Subsection (1) does not apply to the parent of an independent


student.
1988 cS-3.1 s11

Support for student organizations


16.1(1) If one or more students attending a school operated by a
board request a staff member employed by the board for support to
establish a voluntary student organization, or to lead an activity
intended to promote a welcoming, caring, respectful and safe
learning environment that respects diversity and fosters a sense of
belonging, the principal of the school shall

(a) permit the establishment of the student organization or the


holding of the activity at the school, and

(b) designate a staff member to serve as the staff liaison to


facilitate the establishment, and the ongoing operation, of
the student organization or to assist in organizing the
activity.

(2) For the purposes of subsection (1), an organization or activity


includes an organization or activity that promotes equality and
non-discrimination with respect to, without limitation, race,
religious belief, colour, gender, gender identity, gender expression,
physical disability, mental disability, family status or sexual
orientation, including but not limited to organizations such as
gay-straight alliances, diversity clubs, anti-racism clubs and
anti-bullying clubs.

(3) The students may select a respectful and inclusive name for the
organization, including the name gay-straight alliance or queer-
straight alliance, after consulting with the principal.

(4) The principal shall immediately inform the board and the
Minister if no staff member is available to serve as a staff liaison

24
RSA 2000
Section 16.2 SCHOOL ACT Chapter S-3

referred to in subsection (1), and if so informed, the Minister shall


appoint a responsible adult to work with the requesting students in
organizing the activity or to facilitate the establishment, and the
ongoing operation, of the student organization at the school.

(5) If a staff member indicates to a principal a willingness to act as


a staff liaison under subsection (1),

(a) a principal shall not inform a board or the Minister under


subsection (4) that no staff member is available to serve as
a staff liaison, and

(b) that staff member shall be deemed to be available to serve


as the staff liaison.
2015 c1 s3

Parents
16.2 A parent of a student has the responsibility

(a) to take an active role in the students educational success,


including assisting the student in complying with section
12,

(b) to ensure that the parents conduct contributes to a


welcoming, caring, respectful and safe learning
environment,

(c) to co-operate and collaborate with school staff to support


the delivery of specialized supports and services to the
student,

(d) to encourage, foster and advance collaborative, positive


and respectful relationships with teachers, principals,
other school staff and professionals providing supports
and services in the school, and

(e) to engage in the students school community.


2015 c1 s3

Part 2
Schools
Division 1
Schools Operated by a Board

Application of Division
17 This Division applies only to schools operated by a board.
1988 cS-3.1 s12

Teachers
18(1) A teacher while providing instruction or supervision must

25
RSA 2000
Section 19 SCHOOL ACT Chapter S-3

(a) provide instruction competently to students;

(b) teach the courses of study and education programs that are
prescribed, approved or authorized pursuant to this Act;

(c) promote goals and standards applicable to the provision of


education adopted or approved pursuant to this Act;

(d) encourage and foster learning in students;

(e) regularly evaluate students and periodically report the


results of the evaluation to the students, the students
parents and the board;

(f) maintain, under the direction of the principal, order and


discipline among the students while they are in the school
or on the school grounds and while they are attending or
participating in activities sponsored or approved by the
board;

(g) subject to any applicable collective agreement and the


teachers contract of employment, carry out those duties
that are assigned to the teacher by the principal or the
board.

(2) At any time during the period of time that a teacher is under an
obligation to the board to provide instruction or supervision or to
carry out duties assigned to the teacher by a principal or the board,
a teacher must, at the request of the board,

(a) participate in curriculum development and field testing of


new curriculum;

(b) develop, field test and mark provincial achievement tests


and diploma examinations;

(c) supervise student teachers.


RSA 2000 cS-3 s18;2004 c26 s2

Principals designated
19(1) A board that operates one or more schools shall designate a
number of teachers as principals.

(2) The board shall assign a principal to each school.

(3) The board may assign a principal to be a principal of more than


one school.
1988 cS-3.1 s14

Principals
20 A principal of a school must

26
RSA 2000
Section 21 SCHOOL ACT Chapter S-3

(a) provide instructional leadership in the school;

(b) ensure that the instruction provided by the teachers


employed in the school is consistent with the courses of
study and education programs prescribed, approved or
authorized pursuant to this Act;

(c) evaluate or provide for the evaluation of programs offered


in the school;

(d) ensure that students in the school have the opportunity to


meet the standards of education set by the Minister;

(e) direct the management of the school;

(f) maintain order and discipline in the school and on the


school grounds and during activities sponsored or
approved by the board;

(g) promote co-operation between the school and the


community that it serves;

(h) supervise the evaluation and advancement of students;

(i) evaluate the teachers employed in the school;

(j) subject to any applicable collective agreement and the


principals contract of employment, carry out those duties
that are assigned to the principal by the board in
accordance with the regulations and the requirements of
the school council and the board.
1988 cS-3.1 s15;1994 c29 s7

Alternative programs
21(1) In this section, alternative program means an education
program that

(a) emphasizes a particular language, culture, religion or


subject-matter, or

(b) uses a particular teaching philosophy,

but that is not a special education program, a program referred to in


section 10 or a program of religious education offered by a separate
school board.

(2) If a board determines that there is sufficient demand for a


particular alternative program, the board may offer that program to
those students whose parents enroll them in the program.

27
RSA 2000
Section 22 SCHOOL ACT Chapter S-3

(3) A board that offers an alternative program shall continue to


offer the regular education program to those students whose parents
do not enroll them in the alternative program.

(4) If a parent enrolls a student in an alternative program, the


board may, subject to the regulations, charge that parent fees for
the purpose of defraying all or a portion of any non-instructional
costs that

(a) may be incurred by the board in offering the alternative


program, and

(b) are in addition to the costs incurred by the board in


providing its regular education program.
RSA 2000 cS-3 s21;2017 c6 s2

School council
22(1) A school council shall be established in accordance with the
regulations for each school operated by a board.

(2) The majority of the members of a school council shall be


parents of students enrolled in the school.

(3) A board of a separate school district or a division made up only


of separate school districts, by resolution, may require that the
parents of students enrolled in a school operated by the board who
are members of the school council must also be of the same faith as
those who established the separate school districts, whether
Protestant or Roman Catholic.

(4) A school council may, at its discretion,

(a) advise the principal and the board respecting any matter
relating to the school,

(b) perform any duty or function delegated to it by the board


in accordance with the delegation,

(c) consult with the principal so that the principal may ensure
that students in the school have the opportunity to meet
the standards of education set by the Minister,

(d) consult with the principal so that the principal may ensure
that the fiscal management of the school is in accordance
with the requirements of the board and the superintendent,
and

(e) do anything it is authorized under the regulations to do.

28
RSA 2000
Section 23 SCHOOL ACT Chapter S-3

(5) Subject to the regulations, a school council may make and


implement policies in the school that the council considers
necessary to carry out its functions.

(6) A school council may make bylaws governing its meetings and
the conduct of its affairs.

(7) Subject to the regulations, a board may develop and implement


policies respecting school councils.

(8) A board shall establish an appeal process or conflict resolution


procedure under which the principal or the school council may
apply respecting disputes on policies proposed or adopted for a
school.

(9) The Minister, on the request of the board, may dissolve a


school council without notice at any time if the Minister is of the
opinion that the school council is not carrying out its
responsibilities in accordance with this Act and the regulations.

(10) The Minister may make regulations

(a) respecting the election or appointment of the members of


a school council and the term or other conditions of
election or appointment and the dissolution of a school
council;

(b) respecting the roles of the principal and the school council
of a school and their respective powers, duties and
responsibilities;

(c) respecting any other matter the Minister considers


necessary respecting school councils;

(d) exempting a school or class of schools from the


application of this section.
1988 cS-3.1 s17;1990 c36 s6;1994 c29 s8;1995 c27 s3

Student records
23(1) A board shall establish and maintain pursuant to the
regulations a student record for each student enrolled in its schools.

(2) Subject to subsection (4), the following persons may review


the student record maintained in respect of a student:

(a) the student;

(b) the students parent, except where the student is an


independent student;

(c) a person who has access to the student under a separation


agreement dated before this section comes into force or an
29
RSA 2000
Section 23 SCHOOL ACT Chapter S-3

access order under section 18 or 19 of the Provincial


Court Act or under similar legislation, but not under a
contact order under Part 2, Division 3, of the Family Law
Act.

(NOTE: Section 124(3) of the Family Law Act purports to repeal


and replace section 23(c) of the School Act. As section 23 is
divided into subsections, there is no section 23(c). The clause (c)
enacted by section 124(3) of the Family Law Act is included in this
consolidation as section 23(2)(c).)

(3) A person who is entitled to review a student record under


subsection (2) may request a copy of the student record from the
board, and the secretary of the board shall provide, or on request
shall send, the copy to the person on receiving payment for it at the
rate prescribed by the board.

(4) Where a student record contains

(a) a test, a test result or an evaluation of a student that is


given by a person who has a recognized expertise or
training in respect of that test or evaluation, or

(b) information relating to a test, test result or evaluation


referred to in clause (a),

the individuals referred to in subsection (2) are entitled to the


things referred to in subsection (5).

(5) If subsection (4) applies, the individuals referred to in


subsection (2) are entitled

(a) to review the test, test result or evaluation referred to in


subsection (4)(a) or information referred to in subsection
(4)(b), and

(b) to receive from a person who is competent to explain and


interpret it an explanation and interpretation of that test,
test result, evaluation or information.

(6) If a person reviewing a student record referred to in subsection


(4) so requests, the board shall ensure that a person who is
competent to explain and interpret the test, test result, evaluation or
information is available to explain and interpret that test, test result,
evaluation or information.

(7) A person who contributes information to a student record is


exempt from any liability with respect to the provision of that
information if that person, in providing that information,

(a) acted in good faith,

30
RSA 2000
Section 24 SCHOOL ACT Chapter S-3

(b) acted within the scope of that persons duties and


responsibilities, and

(c) did not act in a negligent manner.

(8) If, on examining a student record, a person is of the opinion


that the student record contains inaccurate or incomplete
information, that person may request the board to rectify the
matter.

(9) The Minister may make regulations respecting student records.


RSA 2000 cS-3 s23;2003 cF-4.5 s124

Suspension
24(1) A teacher or a principal may suspend a student in
accordance with subsection (2) or (3) if in the opinion of the
teacher or principal

(a) the student has failed to comply with section 12,

(b) the student has failed to comply with the code of conduct
established under section 45.1(2),

(c) the students conduct, whether or not the conduct occurs


within the school building or during the school day, is
injurious to the physical or mental well-being of others in
the school, or

(d) the student has distributed an intimate image of another


person in the circumstances described in section 1(1.1).

(2) A teacher may suspend a student from one class period.

(3) A principal may suspend a student

(a) from school,

(b) from one or more class periods, courses or education


programs, or

(c) from riding in a school bus.

(4) A principal may reinstate a student suspended under subsection


(2) or (3).

(5) When a student is suspended under subsection (3), the


principal shall

(a) forthwith inform the students parent of the suspension,

(b) report in writing to the students parent all the


circumstances respecting the suspension, and

31
RSA 2000
Section 24 SCHOOL ACT Chapter S-3

(c) if requested, provide an opportunity to meet with the


students parent, and the student if the student is 16 years
of age or older, to discuss the reasonableness of the
suspension.

(6) If the student is not to be reinstated within 5 school days after


the date of the suspension, the principal shall

(a) forthwith inform the board of the suspension, and

(b) report in writing to the board all the circumstances


respecting the suspension and the principals
recommendations,

and the student remains suspended until the board has made a
decision under subsection (8).

(7) The principal may recommend that the board expel the student
if

(a) the student has displayed an attitude of wilful, blatant and


repeated refusal to comply with section 12,

(b) the student has displayed an attitude of wilful, blatant and


repeated refusal to comply with the code of conduct
established under section 45.1(2),

(c) the students conduct, whether or not the conduct occurs


within the school building or during the school day, is
injurious to the physical or mental well-being of others in
the school, or

(d) the student has distributed an intimate image of another


person in the circumstances described in section 1(1.1).

(8) The board shall within 10 school days after the date of the
suspension

(a) reinstate the student, or

(b) expel the student from school in accordance with section


25.

(9) Before the board makes a decision under subsection (8), the
student and the students parent may make representations to the
board with respect to the principals recommendation to expel the
student.
RSA 2000 cS-3 s24;2015 c1 s3;2017 cP-26.9 s12

32
RSA 2000
Section 25 SCHOOL ACT Chapter S-3

Expulsion
25(1) On considering the report provided to it under section
24(6)(b) and any representations made to it under section 24(9), the
board may expel the student if

(a) the principal has recommended that the board expel the
student, and

(b) the student has been offered another education program


by the board.

(2) An expulsion must be for a period of more than 10 school days.

(3) When a student is expelled under this section, the board shall
forthwith notify, in writing, the students parent, and the student if
the student is 16 years of age or older,

(a) of the expulsion, and

(b) of the right to request a review under section 124.

(4) The board may re-enrol a student who has been expelled.
1999 c28 s4

Flags
26 The principal of a school shall ensure that the Canadian flag
and the Alberta flag are displayed at the school.
1988 cS-3.1 s20

Prohibited activities
27(1) No person shall

(a) disturb or interrupt the proceedings of a school,

(b) disturb or interrupt the proceedings of a school meeting or


board meeting, or

(c) loiter or trespass in a school building or on property


owned by a board.

(2) No person shall canvass, sell or offer to sell goods, services or


merchandise to a teacher or a student in a school without the prior
approval of the board.
1988 cS-3.1 s21

Division 2
Other Schools
Private schools
28(1) A school is entitled to be registered as a private school if the
operator applies to the Minister and the Minister is satisfied that

33
RSA 2000
Section 28 SCHOOL ACT Chapter S-3

(a) the school will provide a program of studies that complies


with any orders made under section 39(1)(f),

(b) the school will meet the standards of student achievement


and achievement testing acceptable to the Minister,

(c) the operator agrees to regular evaluation and monitoring


by the Minister, and

(d) the building that is used for school purposes meets and
will continue to meet all applicable local and provincial
health, safety and building standards.

(2) A private school is entitled to be accredited as an accredited


private school if

(a) the Minister approves the education program and any


modification of it offered at the school, and

(b) the Minister is satisfied that

(i) the operator of the private school continues to meet


the requirements under subsection (1),

(ii) 7 or more students from 2 or more families are


enrolled and continue to be enrolled in the school,
and

(iii) individuals whose qualifications are approved by the


Minister are employed to teach at the school.

(3) The Minister may cancel or suspend the registration or


accreditation of a private school

(a) if the operator of the school does not comply, in the case
of a private school, with subsection (1) and, in the case of
an accredited private school, with subsections (1) and (2),

(b) if in the opinion of the Minister, the students at the school


are not achieving acceptable educational progress, or

(c) if the operator of the school permits education programs


or instructional materials that do not comply with section
3 to be offered or used in the school.

(4) No person shall operate a school as a private school unless it is


registered under subsection (1).

(5) If a person operates as a private school a school that is not


registered under subsection (1) or in respect of which the
registration has been cancelled or suspended, the Minister may

34
RSA 2000
Section 29 SCHOOL ACT Chapter S-3

apply to the Court of Queens Bench for an order restraining that


person from operating the school during the time that

(a) the school is not registered, or

(b) the registration of the school is cancelled or suspended,

as the case may be.

(6) The Minister may make regulations respecting private schools.

(7) Sections 16.1, 50.1 and 50.2 and section 123, in respect of
appeals referred to in section 50.2, apply to a private school and its
operation, and a reference in those provisions to a board is deemed
to include a reference to the operator of a private school.
RSA 2000 cS-3 s28;2009 c53 s168;2015 c1 s3

Home education program


29(1) A parent of a student may provide, at home or elsewhere, a
home education program for the student if the program

(a) meets the requirements of the regulations, and

(b) is under the supervision of a board or a private school


accredited under section 28(2).

(2) If a parent resides in unorganized territory, the Minister shall


act as a board under this section.

(3) The Minister may make regulations respecting home


education.
1988 cS-3.1 s23;1993 c24 s6

Early childhood services program


30(1) A board or, with the approval of the Minister, a person may
provide an early childhood services program to

(a) a child who, as of September 1, is younger than 6 years of


age, if the parent of the child agrees, or

(b) a student, if the parent of the student and the board are of
the opinion that the program will benefit the student.

(2) A person that provides an early childhood services program


may charge fees in respect of the program from the parent of a
child referred to in subsection (1)(a) who attends the program.

(2.1) A board that provides an early childhood services program


may, subject to the regulations, charge fees in respect of the
program from the parent of a child referred to in subsection (1)(a)
who attends the program.

35
RSA 2000
Section 31 SCHOOL ACT Chapter S-3

(3) If a child referred to in subsection (1)(a) attends a program


under this section, the child is not, by reason of attending that
program,

(a) a resident student of the board, or

(b) entitled to any of the rights or benefits given to a student


under this Act.

(4) The Minister may make regulations respecting early childhood


services programs.
RSA 2000 cS-3 s30;2017 c6 s3

Division 3
Charter Schools
Application
31(1) A person or society may apply to the Minister for the
establishment of a charter school to be operated by a society
incorporated under the Societies Act or a company registered under
Part 9 of the Companies Act.

(2) An application may be made to the Minister only if the board


of the district or division in which the school is to be established
refuses to establish an alternative program under section 21 as
requested by the person or society.

(3) An application must be in the form and contain the information


prescribed by the regulations.
RSA 2000 cS-3 s31;2001 c27 s5

Charter schools
32 The Minister may establish a charter school if the Minister is
of the opinion that

(a) the school will have significant support from the


community in which it is to be located,

(b) the program to be offered by the school will potentially


improve the learning of students as it is measured by the
Minister in schools operated by boards that are not charter
schools, and

(c) the program to be offered by the school is not already


being offered by the board of the public school district or
division or the board of the separate school district or
regional division made up only of separate school
districts, as the case may be, in which the school will be
located.
RSA 2000 cS-3 s32;2001 c27 s6

36
RSA 2000
Section 33 SCHOOL ACT Chapter S-3

Restriction on operator
33 The operator of a charter school established by the Minister
must restrict its purposes to the operation of that charter school.
RSA 2000 cS-3 s33;2001 c27 s7

Transitional
33.1(1) In this section, amending Act means the School
Amendment Act, 2001.

(2) A charter school established by a board before the coming into


force of section 7 of the amending Act is deemed to be established
by the Minister.
2001 c27 s8

Operation of charter schools


34(1) A charter school must be operated in accordance with the
charter approved by the Minister.

(2) The society or company that is named in the charter shall


operate the charter school.

(3) A charter school may, subject to the regulations, charge a


parent of a student fees and costs.

(4) A charter school shall not be affiliated with a religious faith or


denomination.

(5) Repealed 2001 c27 s9.


RSA 2000 cS-3 s34;2001 c27 s9;2017 c6 s4

Charter
35 A charter must include the following:

(a) the particular teaching philosophy, vision and purpose of


the school with the goals of the school written as
measurable outcomes;

(b) a description of the improved student learning outcomes


to be attained by the students;

(c) the period during which the school is to operate;

(d) the name of the society or company that is to operate the


school;

(e) a description of the students for whom the school is


intended;

(f) the grades to be offered at the school;

37
RSA 2000
Section 36 SCHOOL ACT Chapter S-3

(g) any other matter required by the regulations or the


Minister.
RSA 2000 cS-3 s35;2001 c27 s10

Application of Act
36(1) The following provisions and any regulations made under
them apply to a charter school and its operation, and a reference in
those provisions or those regulations to a board or a trustee is
deemed to include a reference to a society or company that operates
a charter school or a member of the governing body of that society
or company, as the case may be:

(a) sections 1, 2 and 3;

(b) Part 1;

(c) Part 2 except sections 21(3), 28 and 29;

(d) in Part 3, sections 45.1, 49, 50, 50.1, 50.2, 52, 54, 56, 57,
60, 75, 77, 78, 79, 80 and 81, section 82 except
subsections (1)(a) and (2), sections 83 to 85 and section
86 except clauses (b) and (c);

(e) Part 4;

(f) Part 5;

(g) in Part 6, sections 145 to 152, 178 and 183;

(h) Part 7 except section 199;

(i) in Part 10, sections 272 to 280.

(2) Notwithstanding subsection (1), the Lieutenant Governor in


Council

(a) may exempt a charter school from the operation of any


provision of this Act, except sections 31, 32, 34 and 35, or
of the regulations, or

(b) may make any provision of this Act or the regulations


apply to a charter school.
RSA 2000 cS-3 s36;2001 c27 s11;2015 c1 s3

Regulations
37 The Minister may make regulations

(a) respecting applications for charter schools and the charter


under which a charter school is operated, its contents and
amendment or repeal;

38
RSA 2000
Section 38 SCHOOL ACT Chapter S-3

(b) respecting the number of charter schools in Alberta, the


location of those schools and their relationship with
boards and schools operated by boards;

(c) respecting the transfer of the management or operation of


a charter school to a society or company approved by the
Minister or the winding-up of a charter school;

(d) respecting any other matter the Minister considers


necessary for a charter school to be operated in
accordance with its charter.
RSA 2000 cS-3 s37;2001 c27 s12

Application of order or regulation


38 An order under section 36 or a regulation under section 37
may be general in its application or may apply to a particular
charter school or a class of charter schools.
1994 c29 s11

Division 4
General
Courses, programs, etc.
39(1) The Minister may do the following:

(a) prescribe courses of study or education programs,


including the amount of instruction time;

(b) authorize courses of study, education programs or


instructional materials for use in schools;

(c) prescribe the minimum total hours of instruction a board


shall make available to a student in a school year;

(d) approve any course, education program or instructional


material that may be submitted to the Minister by a board
or another operator of a school for use in a school;

(e) subject to the right of a board to provide religious


instruction, by order prohibit the use of a course, an
education program or instructional material in schools;

(f) by order adopt or approve goals and standards applicable


to the provision of education in Alberta.

(2) The Regulations Act does not apply to an order made under
subsection (1).

(3) The Minister may make regulations

(a) governing the evaluation and inspection of teachers;

39
RSA 2000
Section 39.1 SCHOOL ACT Chapter S-3

(b) respecting the granting of certificates and diplomas;

(c) respecting the examination and evaluation of individuals


by the Minister, including appeals, fees and the payment
of remuneration;

(d) for the establishment, operation, administration and


management of schools, institutes or facilities for the
education and training of persons with special educational
needs and prescribing fees or a schedule of fees to be
charged for any matter connected with the school, institute
or facility;

(e) providing for correspondence courses and the fees to be


charged in connection with them;

(f) governing registration in, the fees to be charged for


registration in and the operation of private correspondence
courses and private tutoring institutions that offer
correspondence courses or tutoring in the same or
substantially the same subjects as those offered in schools.

(4) A regulation made under subsection (3)(d), (e) or (f) may be


specific or general in its application.
1988 cS-3.1 s25;1990 c36 s10;1994 cG-8.5 s68

Fees and costs


39.1(1) Subject to the regulations, any fees or costs a parent is
charged by a board may only be used for the purposes for which
they are collected.

(2) The Minister may make regulations respecting fees or costs


parents may be charged by boards, including but not limited to the
following:

(a) authorizing the charging or use of fees or costs by boards;

(b) defining the types of fees or costs that may be charged by


boards and the types of fees or costs that may not be
charged by boards;

(c) limiting the amount of fees or costs that may be charged


by boards;

(d) respecting the refund of fees or costs;

(e) respecting the waiver of fees or costs and the procedure


for requesting a waiver;

(f) respecting the establishment of policies and procedures by


boards respecting the charging of fees and costs;

40
RSA 2000
Section 40 SCHOOL ACT Chapter S-3

(g) respecting the reporting by boards on fees and costs


charged to parents;

(h) respecting penalties or sanctions for a boards failure to


comply with the regulations respecting fees or costs.
2017 c6 s5

Investigators
40(1) The Minister may appoint a person to inquire into and report
on

(a) any appeal, complaint or dispute arising from the decision


of a board or inspector or other school official,

(b) the condition of one or more schools, or

(c) any other school matter.

(2) A person appointed under subsection (1) may take evidence on


oath.

(3) The Minister may, on receipt of a report under subsection (1),


make any order that to the Minister seems proper.
1994 cG-8.5 s68

Inquiry into administration


41(1) The Minister may appoint a person to examine and inspect

(a) the financial condition,

(b) the administrative condition, or

(c) any other matter connected with the management,


administration or operation,

of a board, private school or early childhood services program.

(2) A person appointed under subsection (1) may examine and take
copies of

(a) all books of record and accounts,

(b) all bank books, and

(c) any other papers, documents or things.

(3) If the Minister so provides, a person appointed under


subsection (1) has all the powers, privileges and immunities of a
commissioner appointed under the Public Inquiries Act.

(4) The books, papers, documents and things referred to in


subsection (2) shall be made available to the person appointed by

41
RSA 2000
Section 42 SCHOOL ACT Chapter S-3

the Minister at the time the person requests them from the person
who has custody of them.

(5) A person appointed under subsection (1) shall report to the


Minister on the examination and inspection and on receipt of the
report the Minister may make any order that seems proper to the
Minister.
1994 cG-8.5 s68

Official trustee
42(1) The Minister may appoint an official trustee to conduct the
affairs of a board, subject to any terms and conditions the Minister
considers necessary,

(a) when a board fails to comply with an order made under


section 40(3) or 41(5), or

(b) when the Minister considers it in the public interest to do


so.

(2) An official trustee appointed under subsection (1)

(a) has the powers and duties conferred by this Act on a


board,

(b) shall be remunerated out of the funds of the board or


otherwise as the Lieutenant Governor in Council
determines, and

(c) with the prior approval of the Minister, has the power to
borrow money and pass a bylaw.

(3) On the appointment of an official trustee to a board, the


members of the board cease to hold office as members of that
board.

(4) An official trustee holds office during the pleasure of the


Minister.
1994 cG-8.5 s68;1995 c24 s99(31)

Inspections
43(1) The Minister may authorize a person to inspect and evaluate
teachers, schools, the operations of school districts and divisions,
education programs, instructional materials or buildings used as a
school.

(2) A person authorized to make an inspection and evaluation


under subsection (1) may include in the persons inspection an
examination of the achievement of students and of the policies,
procedures, books and records of a school jurisdiction or a person
operating a school.

42
RSA 2000
Section 43.1 SCHOOL ACT Chapter S-3

(3) A person authorized to make an inspection and evaluation


under subsection (1) may enter a building used as a school, other
than a dwelling house, or any part of that building for the purpose
of conducting the inspection and evaluation.
1988 cS-3.1 s26;1990 c36 s11

Bullying Awareness and Prevention Week


43.1(1) The 3rd week in November in each year is Bullying
Awareness and Prevention Week.

(2) The purpose of subsection (1) is to promote awareness and


understanding of bullying and its consequences in the school
community.
2015 c1 s3

Part 3
School Boards
Division 1
Provision of Educational
and Associated Services
Resident student
44(1) Subject to this section, a student is a resident student of the
board of the district or division, as the case may be, in which the
students parent resides.

(2) For the purposes of this section and section 51,

(a) a student who is in the care of a foster parent under the


Child, Youth and Family Enhancement Act is deemed to
be a resident student of the board of the district or division
in which the foster parent resides, unless subsection (5)
applies, and

(b) a student who is a handicapped child and the subject of an


agreement under the Family Support for Children with
Disabilities Act is deemed to be a resident student of the
board of the district or division in which the student
resides.

(3) Subject to this section, every individual is a resident of a public


school district or division.

(4) Where a separate school district is established, an individual


residing within the boundaries of the separate school district who is
of the same faith as those who established that district, whether
Protestant or Roman Catholic,

(a) is a resident of the separate school district, and

43
RSA 2000
Section 44 SCHOOL ACT Chapter S-3

(b) is not a resident of the public school district.

(5) A director under the Child, Youth and Family Enhancement


Act may deem a student to be a resident student of a board that
represents the faith of the student if

(a) the student is in the care of a foster parent under the Child,
Youth and Family Enhancement Act,

(b) the faith of the student, whether Protestant or Roman


Catholic, differs from the faith of the foster parent, and

(c) the foster parent resides in an area served by both a public


and a separate school district or division.

(6) If a student

(a) is under 16 years of age and is not the subject of an order


or agreement under the Child, Youth and Family
Enhancement Act, and

(b) is a child in respect of whom financial assistance is being


provided under section 105.8 of the Child, Youth and
Family Enhancement Act,

the student is a resident student of the board of the district or


division in which the student resides.

(7) The following students are resident students of the


Government:

(a) a student who resides in unorganized territory and who is


not an Indian residing on a reserve pursuant to the Indian
Act (Canada);

(b) a student in custody under the Corrections Act, the


Corrections and Conditional Release Act (Canada), the
Youth Justice Act or the Youth Criminal Justice Act
(Canada) who resides in an institution or a group home
prescribed by the Minister as an institution or a group
home to which this clause applies;

(c) a student

(i) who

(A) is in the custody of a director, or

(B) has a guardian appointed,

under the Child, Youth and Family Enhancement Act,


and

44
RSA 2000
Section 44 SCHOOL ACT Chapter S-3

(ii) who resides in an institution or a group home


prescribed by the Minister as an institution or a group
home to which this clause applies that is operated or
approved by the Government;

(d) a student who is under long-term medical care who


resides in an institution that is under the control, direction
or administration of the Government.

(8) If each parent is a resident of a different school district or


division, as the case may be,

(a) the parents shall choose in writing one of those school


districts or divisions,

(b) the student is a resident student of the board of the chosen


district or division,

(c) the student shall attend the school the student is directed
to attend by the board of the chosen district or division,
and

(d) either board may require that the choice of the parents
under clause (a) shall remain in effect during the school
year in respect of which it is made.

(8.1) Notwithstanding that a parent is limited by law in exercising


an authority under subsection (8)(a) and that parent is a resident of
a school district or division different than the other parent, the other
parent may choose which of the two districts or divisions in which
the student is to attend school, and subsection (8)(b) to (d) applies.

(9) If the parents referred to in subsection (8) do not choose a


district or division under subsection (8), the Minister shall
designate the board of a district or division of which one parent is a
resident as the board of which the student is a resident student.

(10) Notwithstanding section 273(c), if the residence of the parent


of a student changes after the commencement of a school year, the
parent shall designate the student to be a resident student of one of
the following for the balance of that school year:

(a) the board of the district or division in which the student


resides after the change,

(b) the board of the district or division in which the student


resided immediately before the change, or

(c) the Government if the student

(i) resides in unorganized territory after the change, or

45
RSA 2000
Section 45 SCHOOL ACT Chapter S-3

(ii) resided in unorganized territory immediately before


the change.

(11) If a parent of a student dies and, as a result of the death, the


student no longer has a living parent who is a resident of the school
district of whose board the student is a resident student, the student
may remain a resident student of that board notwithstanding
subsections (1) to (10).

(12) If there is a dispute as to the number of resident students of a


board, the Minister may determine the number or the method to be
used to calculate the number.

(13) If there is a dispute as to the residency of a student, the


Minister may determine that the student is a resident student of a
particular board.
RSA 2000 cS-3 s44;RSA 2000 c32(Supp) s3;2003 cF-4.5 s124;
2003 cF-5.3 s13;2003 c16 s117;2003 c41 s4(29);2004 c26 s3

Responsibility to students
45(1) A board shall ensure that each of its resident students is
provided with an education program consistent with the
requirements of this Act and the regulations.

(2) Subject to subsection (3) and section 13(3), a board shall direct
a resident student of the board to enroll in and attend a particular
school operated by the board.

(3) A board shall enroll a resident student of the board or of


another board in the school operated by the board that is requested
by the parent of the student if, in the opinion of the board asked to
enroll the student, there are sufficient resources and facilities
available to accommodate the student.

(4) Notwithstanding subsection (3), a board may direct a student


who requests enrolment in a senior high school program beyond a
3rd school year to attend a school designated by the board.

(5) A board shall enroll a resident student of the Government in a


school operated by the board as requested by the Minister.

(6) A parent of a student enrolled in a school shall not request that


the student be enrolled in another school during a school year
unless the board operating the other school consents.

(7) A board shall provide to each student enrolled in a school


operated by the board an education program consistent with the
requirements of this Act and the regulations that will give the
student the opportunity to meet the standards of education set by
the Minister.

46
RSA 2000
Section 45.1 SCHOOL ACT Chapter S-3

(8) Repealed 2015 c1 s3.


RSA 2000 cS-3 s45;2015 c1 s3

Board responsibility
45.1(1) A board has the responsibility to ensure that each student
enrolled in a school operated by the board and each staff member
employed by the board is provided with a welcoming, caring,
respectful and safe learning environment that respects diversity and
fosters a sense of belonging.

(2) A board shall establish, implement and maintain a policy


respecting the boards obligation under subsection (1) to provide a
welcoming, caring, respectful and safe learning environment that
includes the establishment of a code of conduct for students that
addresses bullying behaviour.

(3) A code of conduct established under subsection (2) must

(a) be made publicly available,

(b) be reviewed every year,

(c) be provided to all staff of the board, students of the board


and parents of students of the board,

(d) contain the following elements:

(i) a statement of purpose that provides a rationale for


the code of conduct, with a focus on welcoming,
caring, respectful and safe learning environments;

(ii) one or more statements that address the prohibited


grounds of discrimination set out in the Alberta
Human Rights Act;

(iii) one or more statements about what is acceptable


behaviour and what is unacceptable behaviour,
whether or not it occurs within the school building,
during the school day or by electronic means;

(iv) one or more statements about the consequences of


unacceptable behaviour, which must take account of
the students age, maturity and individual
circumstances, and which must ensure that support is
provided for students who are impacted by
inappropriate behaviour, as well as for students who
engage in inappropriate behaviour,

and

47
RSA 2000
Section 46 SCHOOL ACT Chapter S-3

(e) be in accordance with any further requirements


established by the Minister by order.

(4) An order of the Minister under subsection (3)(e) must be made


publicly available.
2015 c1 s3

Foreign students
46 A board shall enroll all individuals who are entitled under
section 8 to have access to an education program in a school year
before enrolling an individual who is not entitled under section 8 to
have access to an education program in that school year.
1997 c25 s8

Special education program


47(1) A board may determine that a student is, by virtue of the
students behavioural, communicational, intellectual, learning or
physical characteristics, or a combination of those characteristics, a
student in need of a special education program.

(2) Subject to section 48, a student who is determined by a board


to be in need of a special education program is entitled to have
access to a special education program provided in accordance with
this Act.

(3) Before a board places a student in a special education program


it shall

(a) consult with the parent of that student, and

(b) where appropriate, consult with the student.


1988 cS-3.1 s29;1993 c24 s8

Special Needs Tribunal


48(1) A board may determine that a student has special needs that
cannot be met in an education program that can be provided by the
board under any other provision of this Act.

(2) If a board makes a determination under subsection (1) in


respect of a student, the board shall refer the matter to a Special
Needs Tribunal, which shall confirm the boards determination or
determine that the board is able to provide the student with an
education program that is appropriate to the needs of the student.

(3) If a Special Needs Tribunal confirms the determination of a


board under subsection (1), it shall develop or approve a special
needs plan that is consistent with the needs of the student and, in
accordance with that plan, shall

48
RSA 2000
Section 49 SCHOOL ACT Chapter S-3

(a) determine the relationship between the student, the board


and any other person or government that may provide the
services required under the special needs plan, and

(b) apportion the cost of providing the services required under


the special needs plan between the board and the
Government.

(4) If a Special Needs Tribunal determines that a board is able to


provide the student with an education program that is appropriate
to the needs of the student, the board shall provide the student with
that education program.

(5) A board and the parent of a student in respect of whom a


determination has been made under subsection (1) shall comply
with decisions and determinations made by a Special Needs
Tribunal under this section.

(6) A decision made by a Special Needs Tribunal under subsection


(3) or this subsection shall be reviewed by the same or any other
Special Needs Tribunal at least every 3 years after the decision is
made until the student is no longer entitled to have access to an
education program under this Act.

(7) The Minister may establish one or more Special Needs


Tribunals for the purposes of this section.

(8) For the purpose of carrying out its powers under this section, a
Special Needs Tribunal and each of its members have the powers
of a commissioner under the Public Inquiries Act.

(9) A parent or a board may request in writing that the Minister


review a decision made by a Special Needs Tribunal under this
section.
1988 cS-3.1 s30;1990 c36 s14;1993 c24 s9

Tuition fees
49(1) A board shall not charge any tuition fees with respect to the
enrolment in a school operated by the board of its resident students
or the resident student of any other board or the Government.

(2) A board may charge tuition fees in respect of an individual


who attends a school operated by the board and who is not a
resident student of the board or any other board or the Government.

(3) A tuition fee charged by a board under subsection (2)

(a) in respect of an individual who is entitled under section 8


to have access to an education program must not exceed
the cost to the board of having that individual enrolled in a
school operated by the board, and

49
RSA 2000
Section 50 SCHOOL ACT Chapter S-3

(b) in respect of an individual who is not entitled under


section 8 to have access to an education program may
exceed the cost to the board of having that individual
enrolled in a school operated by the board.

(4) Notwithstanding subsection (1), the Minister may by order

(a) authorize boards to enter into an agreement with an


independent student, or the parent of a student other than
an independent student, requiring the student or parent to
pay a refundable deposit to the board where the student
has failed to complete a high school credit course and is
repeating the course,

(b) prescribe the circumstances under which a deposit is


payable and the circumstances under which all or part of
the deposit may be refunded, and

(c) prescribe the amount of a deposit or the manner in which


the amount is determined.
1988 cS-3.1 s32;1990 c36 s15;1993 c24 s10;1994 c29 s15;
1997 c25 s9

Religious and patriotic instruction


50(1) A board may

(a) prescribe religious instruction to be offered to its students;

(b) prescribe religious exercises for its students;

(c) prescribe patriotic instruction to be offered to its students;

(d) prescribe patriotic exercises for its students;

(e) permit persons other than teachers to provide religious


instruction to its students.

(2) Where a teacher or other person providing religious or patriotic


instruction receives a written request signed by a parent of a
student that the student be excluded from religious or patriotic
instruction or exercises, or both, the teacher or other person shall
permit the student

(a) to leave the classroom or place where the instruction or


exercises are taking place for the duration of the
instruction or exercises, or

(b) to remain in the classroom or place without taking part in


the instruction or exercises.
1988 cS-3.1 s33;1990 c36 s16

50
RSA 2000
Section 50.1 SCHOOL ACT Chapter S-3

Notice to parent
50.1(1) A board shall provide notice to a parent of a student where
courses of study, educational programs or instructional materials,
or instruction or exercises, include subject-matter that deals
primarily and explicitly with religion or human sexuality.

(2) Where a teacher or other person providing instruction, teaching


a course of study or educational program or using the instructional
materials referred to in subsection (1) receives a written request
signed by a parent of a student that the student be excluded from
the instruction, course of study, educational program or use of
instructional materials, the teacher or other person shall in
accordance with the request of the parent permit the student,
without academic penalty,

(a) to leave the classroom or place where the instruction,


course of study or educational program is taking place or
the instructional materials are being used for the duration
of the part of the instruction, course of study or
educational program, or the use of the instructional
materials, that includes the subject-matter referred to in
subsection (1), or

(b) to remain in the classroom or place without taking part in


the instruction, course of study or educational program or
using the instructional materials.

(3) This section does not apply to incidental or indirect references


to religion, religious themes or human sexuality in a course of
study, educational program, instruction or exercises or in the use of
instructional materials.
2015 c1 s3

Complaint process
50.2(1) If a board, teacher or other person fails to comply with
section 50 or 50.1, that failure to comply is deemed to be a decision
that may be appealed in accordance with section 123.

(2) A decision of the board under section 123 with respect to an


appeal relating to subsection (1) is final.
2015 c1 s3

Transportation
51(1) Subject to the regulations, a board shall provide for the
transportation of a student to and from the site of the school in
which the board has enrolled the student if the student resides

(a) at a distance from the site of that school to be determined


by the regulations,

51
RSA 2000
Section 52 SCHOOL ACT Chapter S-3

(b) within the attendance area established by the board under


section 13, and

(c) within the boundaries of the district or division.

(2) The board is deemed to have complied with subsection (1)


when transportation is provided on a route that is not more than 2.4
kilometres from the residence of the student.

(3) A board shall not charge the parent of a student receiving


transportation provided by the board transportation fees unless the
transportation fees are authorized by the regulations.

(4) In computing distances for the purposes of this section,

(a) the official survey made under any Act of Canada or the
Legislature relating to surveys shall be accepted as final
and conclusive and all sections are deemed to be 1.6
kilometres square and no more,

(b) the width of road allowances shall be excluded from the


computation, and

(c) the distance of a residence from a school or from a bus


route is the shortest distance measured along a travelled
road or public right of way between the school site or the
bus route, as the case may be, and the nearest roadway
access at the boundary of the quarter section or lot on
which the students parent resides.

(5) The Minister may make regulations respecting the


transportation of students.
RSA 2000 cS-3 s51;2017 c6 s6

Transport by parent
52(1) A board may, instead of providing transportation under
section 51, enter into an agreement with the parent of the student
under which the parent will

(a) convey the student to and from school or the bus route,
and

(b) receive, in accordance with the rules of the board,


payment for providing that service.

(2) A board is not under any liability to the parent of a student or


to a student for negligence arising out of the students being
conveyed to and from a school or bus route pursuant to an
agreement made under this section.
1988 cS-3.1 s35

52
RSA 2000
Section 53 SCHOOL ACT Chapter S-3

Maintenance allowance
53 If a student is directed by a board to attend a school and as a
result of attending that school the student is unable to live in the
residence of the students parent, the board shall pay a maintenance
allowance in respect of that student in an amount prescribed by the
board.
1988 cS-3.1 s36

Off-campus education programs


54(1) A board may provide off-campus education programs for its
students.

(2) Subject to the regulations, a board may enter into an agreement


with a person to provide a workplace for students who are
participating in an off-campus education program.

(3) When a student wishes to participate in an off-campus


education program, the board shall obtain the consent of the
students parent or, if the student is 16 years of age or older, the
student.

(4) A student who is participating in an off-campus education


program is considered to be attending school while at the
workplace provided for the program.
1988 cS-3.1 s37;1998 c27 s2

Continuing education
55(1) A board, in addition to its obligation to provide courses and
education programs to students enrolled in schools operated by the
board under this Act, may develop or provide courses to any person
on any subject.

(2) A board shall employ teachers in accordance with section 92 to


provide instruction in courses provided under this section that
conform with the courses of study prescribed or approved under
section 39, and may employ any person to provide instruction in
other courses provided under this section.

(3) When a board provides a course under this section, the board
shall ensure that the course does not interfere with normal school
operation.

(4) Notwithstanding section 49, a board may charge a student


registered in a course provided by it under this section any fees it
considers appropriate, but it may not require a student who is
enrolled in a school operated by the board to pay a fee for a course
provided under this section.

(5) Any person may apply to a board to register in a course


provided under this section and the board may in its discretion
accept or refuse the applicant.

53
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Section 56 SCHOOL ACT Chapter S-3

(6) Where

(a) a board provides a course under this section,

(b) a person registers in the course referred to in clause (a),


and

(c) the person referred to in clause (b) is not otherwise a


resident student of the board that provides the course,

that person is not, by reason of being registered in that course,

(d) a resident student of that board, or

(e) entitled to any of the rights or benefits given to a student


under this Act.
1988 cS-3.1 s38;1994 c29 s17

School day and year


56(1) A board shall specify the following:

(a) the school opening date;

(b) the number and the days of school operation;

(c) the length of the school day;

(d) the number and length of recesses;

(e) subject to section 39, the number of hours of instruction.

(2) A board shall specify the vacation periods in a school year,


which shall, as a minimum, include a vacation period that extends
at least from December 24 to January 2.

(3) A board in its discretion may declare one day a month to be a


school holiday.

(4) A holiday declared by a municipality does not apply to a


school within the municipality unless the board declares it to be
applicable.

(5) A board shall, before May 31 in each year, give notice to the
Minister of

(a) the opening and closing dates of all schools under its
jurisdiction for the 12-month period next following,

(b) the dates of the vacation periods in the school year, and

(c) the number of hours of instruction to be made available to


students in the school year

54
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Section 57 SCHOOL ACT Chapter S-3

(i) by grade, and

(ii) by school.

(6) A board may declare the 2nd Friday of June in any year to be a
Farmers Day holiday.
1988 cS-3.1 s40;1990 c36 s18;1997 c25 s11;1999 c28 s11

Emergency closure of school building


57(1) A board may temporarily close a school building if the
health or safety of the students is endangered.

(2) If a board closes a school building under subsection (1), it shall


forthwith remedy the situation causing the closure and reopen the
school building.
1988 cS-3.1 s41

Closure of schools, etc.


58 The Minister may make regulations

(a) authorizing a board to

(i) close a school permanently or for a specified period


of time,

(ii) close entirely 3 or more consecutive grades in an


elementary school,

(iii) close the entire junior high school program or the


entire high school program in a school, or

(iv) transfer all students from one school to one or more


other schools;

(b) governing procedural and other requirements a board must


comply with when doing anything described in clause (a).
1988 cS-3.1 s42;1997 c25 s12

Division 2
Operation and Management
Powers of separate school boards
59 Unless otherwise provided for in this Act, the board of a
separate school district

(a) possesses and may exercise all the rights, powers and
privileges of,

(b) is subject to duties and liabilities the same as those of, and

(c) has the same method of government as,

55
RSA 2000
Section 60 SCHOOL ACT Chapter S-3

the board of a public school district.


1988 cS-3.1 s43

Powers of boards
60(1) A board must

(a) establish policies respecting the provision of educational


services and programs;

(b) in respect of its operations

(i) keep in force a policy or policies of insurance,

(ii) with the approval of the Minister, participate in an


arrangement under Part 1, Subpart 3 of the Insurance
Act, or

(iii) with the approval of the Minister, participate in an


alternative arrangement acceptable to the Minister,

for the purpose of indemnifying the board and its


employees and school councils in respect of claims for

(iv) damages for death or personal injury,

(v) damages to property, and

(vi) damages to property owned by the board in respect


of which the board has an insurable interest

(A) that the board has agreed to insure, or

(B) for which the board otherwise has or may have


assumed liability;

(c) maintain, repair, furnish and keep in good order all its real
and personal property;

(d) make copies of the rules made by it available to those of


its employees who are affected by the rules;

(e) make rules respecting the circumstances in which a


student may be suspended or expelled and the
circumstances in which an expelled student may be
re-enrolled.

(2) A board may

(a) subject to section 39 and the regulations, develop, acquire


or offer courses or programs;

56
RSA 2000
Section 60 SCHOOL ACT Chapter S-3

(b) subject to section 39 and the regulations, develop or


acquire instructional materials for use in programs or in
schools;

(c) subject to the regulations and in co-operation with school


councils, provide for parental and community
involvement in schools;

(d) invest only in accordance with the regulations made under


section 79;

(e) provide for the payment of travelling and other expenses


and honoraria to

(i) trustees, and

(ii) persons appointed to committees of the board;

(f) make payments, other than loans or grants, to another


board;

(g) make grants or payments, other than loans, to an


association of school trustees or to a person or
organization engaged in educational activities;

(h) arrange, undertake or sponsor for its students educational,


cultural or recreational trips inside or outside its district or
division and, subject to the regulations, charge a parent of
a student fees or costs for those educational, cultural or
recreational trips;

(i) establish committees and specify the powers and duties of


the committees;

(j) repealed 2017 c6 s7;

(k) make any banking arrangements necessary for the


carrying out of its duties and powers.

(3) A board may make rules

(a) respecting activities sponsored or approved by the board;

(b) respecting the attendance of students at schools;

(c) subject to the regulations, respecting the establishment,


administration, management and operation of

(i) schools operated by the board, or

(ii) school buses used for the purposes of the board;

57
RSA 2000
Section 61 SCHOOL ACT Chapter S-3

(d) respecting any other matter under the jurisdiction of the


board.
RSA 2000 cS-3 s60;RSA 2000 cI-3 s868;
2001 c28 s20;2006 c9 s18;2017 c6 s7

Delegation of power
61(1) The board may authorize by resolution

(a) any of its employees,

(b) a committee of the board or that is established by the


board,

(c) a school council, or

(d) a joint committee established under section 63,

to do any act or thing or exercise any power that the board may or
is required to do or exercise subject to the directions and limitations
set out in the resolution, except for those powers referred to in
subsection (2).

(2) The board shall not delegate

(a) the power to make a bylaw under this Act,

(b) the power to close a school or school building under


section 58,

(c) the power to requisition from a municipality that the board


may have from time to time, and

(d), (e) repealed 2004 c26 s4,

(f) the power to hold a hearing under section 104.

(3) Notwithstanding subsection (1), the board shall not delegate,


except to the superintendent,

(a) the power to suspend the services of a teacher, or

(b) the power to terminate the services of a teacher.


RSA 2000 cS-3 s61;2004 c26 s4

Avoiding duplication of functions


61.1(1) In this section,

(a) board function means any matter under this Act in


respect of which the board is empowered or otherwise
obligated to carry out any act or thing or to exercise any
power;

58
RSA 2000
Section 62 SCHOOL ACT Chapter S-3

(b) party means an employee, committee, school council or


joint committee referred to in section 61(1);

(c) subordinate function means anything that is required


under this Act to be carried out by a party in relation to or
in support of the board carrying out a board function.

(2) Where a party is authorized under section 61 to carry out a


board function, the board may excuse that party from carrying out a
subordinate function that relates to that board function.
2004 c26 s5

Agreements
62(1) A board may, without the approval of the Minister,

(a) enter into an agreement with

(i) a person, or

(ii) a joint committee established under section 63,

respecting the provision of educational, managerial or


other services with respect to the operation of schools;

(b) with respect to its resident students, enter into an


agreement with another board or person to provide
education programs;

(c) enter into an agreement with another board, a non-profit


organization or a municipality concerning the promotion
and development of recreation and community services.

(2) A board may, with the prior approval of the Minister,

(a) enter into an agreement with

(i) the Government of Alberta or any agent of the


Government of Alberta,

(ii) the Government of Canada or any agent of the


Government of Canada, or

(iii) the government of any other jurisdiction or any agent


of a government of any other jurisdiction,

respecting the provision of educational services;

(b) enter into an agreement with the Government of Canada


or any agency of the Government of Canada with respect
to the education of

(i) Indian children, or

59
RSA 2000
Section 63 SCHOOL ACT Chapter S-3

(ii) the children of members of the Canadian Forces or of


other persons employed by the Government of
Canada,

in a school operated by a board;

(c) enter into an agreement with a council of a band as


defined in the Indian Act (Canada) with respect to the
education of Indian children;

(d) enter into an agreement with an organization representing


the residents of an unorganized territory for the provision
of educational services by the board.

(3) If an agreement under subsection (2)(b), (c) or (d) provides for


the appointment of one or more individuals resident in the
unorganized territory to the board, those individuals are deemed on
their appointment to be members of the board and to have all the
rights and obligations of trustees as set out in the agreement.

(4) A board shall, on the request of an institution that has a


program of teacher education authorized by the Minister, enter into
an agreement with the institution permitting those individuals
enrolled in the program of teacher education and their instructors to
attend a classroom of a school operated by the board while the
school is in session for the purpose of observing or student
teaching.
1988 cS-3.1 s46;1999 c28 s13

Joint committees, etc.


63(1) If an agreement is entered into pursuant to section
62(1)(a)(ii) or 197, the board may appoint one or more of its
trustees to be members of a joint committee with persons appointed
by another board and, if appropriate, by a person or municipality.

(2) A board, person or municipality may provide the committee


established pursuant to subsection (1) with any money the board,
person or municipality considers proper and the committee may
expend any money received for the control, management, upkeep
and operation of the undertaking.

(3) A committee established pursuant to subsection (1) shall in


each year furnish to the board, person or municipality

(a) an audited statement of its receipts and payments for the


preceding year, and

(b) any information regarding its management and operation


that is considered necessary by the board, person or
municipality.

60
RSA 2000
Section 64 SCHOOL ACT Chapter S-3

(4) Notwithstanding anything in this Act, a board may, for the


purposes of this Act and the regulations, appoint another board to
act on its behalf or on behalf of a joint committee established
pursuant to this section.
1988 cS-3.1 s47

Organizational meeting
64(1) The organizational meeting of a board

(a) subject to clause (b), shall be held annually, and

(b) in any year in which a general election takes place, shall


be held within 4 weeks following the date of that election,

at a time and place to be fixed by the secretary of the board.

(2) The secretary of the board shall give notice of the


organizational meeting to each trustee as if it were a special
meeting.
1988 cS-3.1 s48

Chair
65(1) At the organizational meeting, and afterwards at any time as
determined by the board, the board shall elect one of its members
as chair and another as vice-chair to hold office during the pleasure
of the board.

(2) If the chair through illness or other cause is unable to perform


the duties of the chairs office or is absent, the vice-chair has all the
powers and shall perform all the duties of the chair during the
chairs inability to act or absence.

(3) If both the chair and the vice-chair through illness or other
cause are unable to perform the duties of the office or are absent,
the board shall appoint from among its members an acting chair,
who on being so appointed has all the powers and shall perform all
the duties of the chair during the chairs and vice-chairs inability
to act or absence.
1988 cS-3.1 s49

Regular meetings
66(1) The board shall hold as many regular meetings as it
considers necessary to deal adequately with its business.

(2) The resolution of the board establishing the regular meetings of


the board shall state the date, time and place of the regular meeting.

(3) The board is not required to give notice of the regular meetings
of the board.
1988 cS-3.1 s50

61
RSA 2000
Section 67 SCHOOL ACT Chapter S-3

Special meetings
67(1) A special meeting of a board may be called by

(a) the chair of the board,

(b) a majority of the trustees, or

(c) the Minister,

after written notice has been given to each trustee in accordance


with subsection (2).

(2) A notice of a special meeting shall state

(a) the date, time and place of the special meeting, and

(b) the nature of the business to be transacted at the special


meeting.

(3) The notice of the special meeting shall be

(a) sent by registered mail to each trustee at least 7 days


before the date of the meeting, or

(b) personally served at least 2 days before the date of the


meeting on

(i) the trustee, or

(ii) a responsible person at the trustees residence.

(4) Notwithstanding subsections (1) to (3), a special meeting may


be held without notice being given under this section if every
trustee agrees to waive the requirements of subsections (1) to (3).

(5) Unless all the trustees are present at the special meeting, no
business other than that stated in the notice of the special meeting
shall be transacted at the special meeting.
1988 cS-3.1 s51

Procedure
68 The board may make rules governing its internal procedure
and its meetings.
1988 cS-3.1 s52

Readings of bylaw
69(1) Every bylaw of a board shall have 3 distinct separate
readings before the bylaw is finally passed.

(2) Not more than 2 readings of a bylaw shall be given at any one
meeting unless the trustees present at the meeting unanimously
agree to give the bylaw a third reading.
62
RSA 2000
Section 70 SCHOOL ACT Chapter S-3

(3) The first reading of a bylaw shall be in full and, if each board
member has in the members possession a written or printed copy
of the bylaw, the second and third readings may be by title and
description only.
1988 cS-3.1 s53

Open meetings
70(1) The meetings of a board shall be held in public and no
person shall be excluded from them except for improper conduct.

(2) The chair of the board may cause to be excluded from a


meeting any person who, in the opinion of the chair, is guilty of
improper conduct at that meeting.

(3) Notwithstanding subsection (1), when a majority of the trustees


present at a meeting of the board are of the opinion that it is in the
public interest to hold the meeting or a part of the meeting in
private for the purpose of considering any matter, the board may by
resolution exclude any person from the meeting.

(4) When a meeting is held in private, the board does not have the
power to pass a bylaw or resolution at that meeting apart from the
resolution necessary to revert to an open meeting.
1988 cS-3.1 s54

Quorum
71(1) No act or proceeding of a board is binding unless it is
adopted at a meeting at which a quorum of the board is present.

(2) The quorum of a board is a majority of the trustees that, as


specified under section 247, are to be elected to the board.

(3) Notwithstanding subsection (1), the Minister may order that


when the number of trustees has fallen below the quorum the
remaining trustees are deemed to be a quorum until elections are
held to fill the number of vacancies required to achieve a normal
quorum.

(4) Notwithstanding subsection (1), when the number of trustees at


a meeting is less than a quorum because one or more trustees have
declared a conflict of interest with respect to a matter before the
board at the meeting, the Minister may order that the remaining
trustees are deemed to be a quorum for the purpose of deciding that
matter.

(5) A trustee may participate in a meeting of the board by


electronic means or other communication facilities if the electronic
means or other communication facilities enable the trustees
participating in the meeting and members of the public attending
the meeting to hear each other.

63
RSA 2000
Section 72 SCHOOL ACT Chapter S-3

(6) Trustees participating in a meeting of the board by electronic


means or other communication facilities are deemed to be present
at the meeting.
RSA 2000 cS-3 s71;2009 c48 s7

Voting on question
72(1) All resolutions shall be submitted to a board by the chair or
a trustee and no seconder is required.

(2) The chair and every trustee present at a meeting of the board
shall vote for or against every question unless

(a) in a specific case, the chair or a trustee is excused by


resolution of the board from voting, or

(b) the chair or a trustee is otherwise excused by this Act.

(3) The secretary of the board shall, whenever a recorded vote is


requested by a trustee, record in the minutes the name of each
trustee present and whether the trustee voted for or against the
matter.

(4) Notwithstanding subsection (3), the secretary of the board


shall, immediately after a vote is taken and on the request of a
trustee, record in the minutes the name of that trustee and whether
that trustee voted for or against the matter or abstained.
1988 cS-3.1 s56

Required votes
73 At a meeting of a board the following apply:

(a) each question shall be decided by a majority of the votes


of those trustees present;

(b) in case of an equality of votes, the question shall be


decided in the negative;

(c) a vote on a question shall be taken by open vote;

(d) notwithstanding clause (c), with respect to the election of


a chair or a vice-chair, if one or more trustees request that
the vote be by secret ballot, the vote shall be by secret
ballot.
1988 cS-3.1 s57

Records
74 The board shall maintain a record of all the proceedings of the
board and committees of the board.
1988 cS-3.1 s58

64
RSA 2000
Section 75 SCHOOL ACT Chapter S-3

Inspection of documents
75(1) At any reasonable time, an elector of a district or division
may with respect to the board of that district or division inspect any
one or more of the following items:

(a) the agenda of any public meeting or board meeting;

(b) the minutes of any public meeting or board meeting;

(c) a budget adopted by the board;

(d) a bylaw of the board;

(e) an agreement entered into by the board;

(f) an account of the board;

(g) a financial statement prepared pursuant to a requirement


of this Act.

(2) An elector of a district or division may request from the board


of that district or division a copy of any item that the elector is
entitled to inspect under subsection (1) and the secretary of the
board shall provide or, on request, send the copy of the item to the
elector on receiving payment for it at the rate prescribed by the
board.

(3) An elector may not inspect a student record or information


respecting a particular employee unless that information is included
in financial statements of the board prepared under this or any other
Act.
1988 cS-3.1 s59;1995 c27 s8

Oath of office
76 Every trustee shall

(a) take and subscribe to the official oath prescribed by the


Oaths of Office Act before commencing the trustees
duties, and

(b) deposit the oath with the secretary of the board.


1988 cS-3.1 s60

Requests to provide information


77(1) A board shall provide the Minister with any information the
Minister requests in writing.

(2) The Minister may publish or otherwise disseminate any


information the Minister receives under subsection (1).
1990 c36 s21;1994 c29 s20

65
RSA 2000
Section 78 SCHOOL ACT Chapter S-3

Accountability of board
78(1) A board shall develop a reporting and accountability system
on any matter the Minister prescribes.

(2) A board shall disseminate any information in the reports and


accounts produced under the reporting and accountability system it
develops under subsection (1) to students, parents, electors or the
Minister in the manner the Minister prescribes.

(3) A board shall use any information in the reports and accounts
produced under the reporting and accountability system it develops
under subsection (1) in the manner the Minister prescribes.
1995 c27 s9

Regulations
79 The Minister may make regulations

(a) governing the requirement of boards to

(i) acquire insurance, or

(ii) take part in schemes or arrangements to protect the


board and its teachers and other employees with
respect to loss or legal liability;

(b) respecting the collection, use, disclosure, disposal and


destruction of personal information within the meaning of
the Freedom of Information and Protection of Privacy Act
by the Minister, a board or an operator of a charter school;

(c) respecting the investment of money for the purpose of


section 60(2)(d).
RSA 2000 cS-3 s79;2006 c9 s18

Division 3
Conflict of Interest
Pecuniary interest
80(1) In this Division,

(a) corporation, distributing corporation, shareholder,


voting shares, voting rights, director and officer
have the meanings given to them in the Business
Corporations Act;

(b) pecuniary interest means, with respect to a person, an


interest in a matter that could monetarily affect

(i) the person,

66
RSA 2000
Section 80 SCHOOL ACT Chapter S-3

(ii) a corporation, other than a distributing corporation,


in which the person is a shareholder, director or
officer,

(iii) a distributing corporation in which the person


beneficially owns voting shares carrying at least 10%
of the voting rights attached to the voting shares of
the corporation or of which the person is a director or
officer,

(iv) a partnership or firm of which the person is a


member, or

(v) a corporation, partnership, firm, government or


person that employs the person;

(c) spouse means the spouse of a married person but does


not include a spouse who is living separate and apart from
the person if the person and spouse have separated
pursuant to a written separation agreement or if their
support obligations and family property have been dealt
with by a court order.

(2) For the purposes of this Division except section 81(1), the
pecuniary interests of the spouse or adult interdependent partner of
a person that are known to the person or of which the person
reasonably should know are deemed to be the pecuniary interests of
the person.

(3) For the purposes of this Division, a person does not have a
pecuniary interest by reason only of any interest that the person
may have

(a) as an elector or taxpayer of the district or division,

(b) by reason of

(i) the persons appointment by the board as a director


of a company incorporated for the purpose of
carrying on business for and on behalf of the board,
or

(ii) the person being appointed as the representative of


the board on any commission, committee or other
body,

(c) with respect to any allowance, honorarium, remuneration


or benefit to which the person may be entitled by reason
of being a trustee or an employee of a board or by reason
of having been appointed by the board to a position
described in clause (b),

67
RSA 2000
Section 81 SCHOOL ACT Chapter S-3

(d) by reason of the persons employment by the Government


of Canada, the Government of Alberta or a federal or
provincial Crown corporation or agency, except with
respect to a matter directly affecting the department,
corporation or agency of which the person is an employee,

(e) by reason of the person being a member of

(i) a credit union, a co-operative or a non-profit


organization formed under an Act of the Legislature
or of the Parliament of Canada, or

(ii) a service club,

(f) by reason of the person having an interest that is an


interest in common with

(i) the majority of electors of the district or division, or

(ii) where the matter affects only part of the district or


division, with the majority of electors in that part,

or

(g) by reason of an interest that is so remote or insignificant


that it cannot reasonably be regarded as likely to influence
the person.

(4) Subsection (3)(e) does not apply to a person who is an


employee or director of a credit union or co-operative or an
employee of an organization or club referred to in that clause.
RSA 2000 cS-3 s80;2002 cA-4.5 s71;2002 c23 s2;
2014 c8 s17

Disclosure of information
81(1) Each trustee of a board shall file with the boards secretary a
statement showing

(a) the names and employment of the trustee and the trustees
spouse or adult interdependent partner and children,

(b) the names of the corporations, partnerships, firms,


governments or persons in which the trustee has a
pecuniary interest, and

(c) the names of the corporations, partnerships, firms,


governments or persons in which the trustees spouse or
adult interdependent partner or children under 18 years of
age have a pecuniary interest.

(2) The boards secretary shall

68
RSA 2000
Section 82 SCHOOL ACT Chapter S-3

(a) compile a list of all the names reported on the statements


filed with the secretary, and

(b) provide a copy of the list to

(i) all the trustees of the board, and

(ii) the officials and employees of the board that the


board directs shall receive a copy.
RSA 2000 cS-3 s81;2002 cA-4.5 s71;2002 c23 s2

Disqualification of trustees
82(1) A person is disqualified from remaining as a trustee of a
board if that person

(a) ceases to be qualified for nomination as a trustee under


the Local Authorities Election Act;

(b) is an auditor or employee of the board for which the


person is a trustee;

(c) is a party to a subsisting contract for the construction,


maintenance or repair of real property over which the
board has administration other than a contract for the
provision of goods or services in an emergency;

(d) beneficially owns more than 10% of the issued shares of a


corporation that has a pecuniary interest in a subsisting
contract for the construction, maintenance or repair of real
property over which the board has administration other
than a contract for the provision of goods or services in an
emergency;

(e) has a pecuniary interest in a contract with the board, other


than

(i) a contract for the provision of goods or services in an


emergency,

(ii) a contract for the sale of goods or services to the


board at competitive prices by a dealer in those
goods or services incidental to and in the ordinary
course of the dealers business,

(iii) a contract of employment with the trustees spouse or


adult interdependent partner, child, parent or
spouses or adult interdependent partners parent, or

(iv) a contract approved by the board pursuant to


disclosure;

69
RSA 2000
Section 83 SCHOOL ACT Chapter S-3

(f) uses information gained through the persons position as a


trustee of the board to gain a pecuniary benefit in respect
of any matter in which the person has a pecuniary interest;

(g) is a judge of a court or a member of the Senate or House


of Commons of Canada or of the Legislative Assembly of
Alberta;

(h) absents himself or herself, without being authorized by a


resolution of the board to do so, from 3 consecutive
regular meetings of the board, unless the persons absence
is due to illness and the person provides evidence of that
illness in the form of a medical certificate respecting the
period of the persons absence;

(i) is convicted of

(i) an indictable offence punishable by imprisonment for


5 or more years, or

(ii) an offence under section 123 of the Criminal Code


(Canada)

for which an absolute discharge or pardon has not been


granted.

(2) Notwithstanding section 24 of the Local Authorities Election


Act, a trustee of the board who is disqualified under this section is
eligible to be elected at the next general election of trustees to the
board if that person is qualified for nomination under the Local
Authorities Election Act.
RSA 2000 cS-3 s82;2002 cA-4.5 s71

Disclosure of pecuniary interest


83(1) When a trustee has a pecuniary interest in a matter before
the board, any committee of the board or any commission,
committee or agency to which the trustee is appointed as a
representative of the board, the trustee shall, if present,

(a) disclose the general nature of the pecuniary interest prior


to any discussion of the matter,

(b) abstain from voting on any question relating to the matter,

(c) subject to subsection (3), abstain from discussing the


matter, and

(d) subject to subsections (2) and (3), leave the room in which
the meeting is being held until the discussion and voting
on the matter are concluded.

70
RSA 2000
Section 84 SCHOOL ACT Chapter S-3

(2) If the matter with respect to which the trustee has a pecuniary
interest is the payment of an account for which funds have
previously been committed, it is not necessary for the trustee to
leave the room.

(3) If a trustee is temporarily absent from a meeting when a matter


in which the trustee has a pecuniary interest is introduced, the
trustee shall, immediately on the trustees return to the meeting or
as soon afterwards as the trustee becomes aware that the matter has
been considered, disclose the general nature of the trustees
pecuniary interest in the matter.

(4) The abstention of a trustee under subsection (1) and the


disclosure of a trustees pecuniary interest under subsection (3)
must be recorded in the minutes of the meeting.

(5) If a trustee

(a) has a pecuniary interest in a matter before the board, any


committee of the board or any commission, committee or
agency to which the trustee is appointed as a
representative of the board, and

(b) makes a disclosure of that pecuniary interest in


accordance with this section,

that trustee is not disqualified from being a trustee by reason of


having that pecuniary interest.

(6) Subsection (5) does not apply to an interest referred to in


section 82(1)(c) or (d).

(7) A trustee who contravenes this section is disqualified from


remaining as a trustee of the board.
1988 cS-3.1 s65

Effect of interest on contract


84 No contract with a board under which a trustee of the board
has an interest referred to in section 82(1)(c), (d) or (e) is binding
on the board unless

(a) the contract is for the provision of goods or services in the


case of an emergency,

(b) the contract is for the sale of goods or services to the


board or to persons contracting with the board at
competitive prices by a dealer in those goods or services
incidental to and in the ordinary course of the dealers
business,

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RSA 2000
Section 85 SCHOOL ACT Chapter S-3

(c) the contract has been approved by the board pursuant to


disclosure, or

(d) the contract is a contract of employment with the trustees


spouse or adult interdependent partner, child, parent or
spouses or adult interdependent partners parent.
RSA 2000 cS-3 s84;2002 cA-4.5 s71

Resignation on disqualification
85 If a person is disqualified under section 82 or 83 from
remaining as a trustee of the board the person shall forthwith
resign.
1988 cS-3.1 s67

Refusal to resign on disqualification


86 If the person does not resign as required under section 85,

(a) the board may by resolution declare that person to be


disqualified from remaining as a trustee and the seat on
the board to be vacant,

(b) the board may apply to the Court of Queens Bench for

(i) an order determining whether the person is qualified


to remain as a trustee, or

(ii) an order declaring the person to be disqualified from


remaining as a trustee and the seat on the board to be
vacant,

or

(c) an elector of the district or division in respect of which the


person was elected who

(i) files an affidavit showing reasonable grounds for


believing that a person never was or has ceased to be
qualified as a trustee of the board, and

(ii) pays into court the sum of $250 as security for costs,

may apply to the Court of Queens Bench for an order


declaring the person to be disqualified from remaining as
a trustee and the seat on the board to be vacant.
RSA 2000 cS-3 s86;2009 c53 s168

Appeal of boards resolution


87(1) Where a person is disqualified under section 86(a) from
remaining as a trustee, that person may apply to the Court of
Queens Bench for an order declaring the person to be qualified to
remain as a trustee.

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RSA 2000
Section 88 SCHOOL ACT Chapter S-3

(2) Where a person

(a) is disqualified under section 86(a) from remaining as a


trustee, and

(b) makes an application to the Court under subsection (1),

that person remains disqualified unless the Court otherwise orders.

(3) An application under this section must be made within 30 days


from the date that the resolution was passed under section 86(a).

(4) On hearing an application and any evidence, whether oral or by


affidavit, that the Court requires, the Court may make an order,
with or without costs,

(a) declaring the person to be qualified to be a trustee, and

(i) reinstating the person as a trustee for any unexpired


portion of the term of office for which the person
was elected,

(ii) requiring any person who has been elected to serve


the balance of that term to vacate the office, and

(iii) requiring the repayment to the reinstated person of


any honorarium, salary or entitlement that was not
paid to the person during the period of
disqualification,

or

(b) declaring the person to be disqualified from remaining as


a trustee and the seat on the board to be vacant.
RSA 2000 cS-3 s87;2009 c53 s168

Hearing of application
88(1) On hearing an application under section 86(b) or (c) and any
evidence, whether oral or by affidavit, that the Court requires, the
Court of Queens Bench may make an order, with or without costs,

(a) declaring the person to be disqualified from remaining as


a trustee and the seat on the board to be vacant,

(b) declaring the person to be qualified to remain as a trustee,


or

(c) dismissing the application.

(2) If the Court declares a person disqualified for a contravention


of section 82(1)(c), (d), (e) or (f), it may order the person to pay to
the board the total amount of any profit so made.

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RSA 2000
Section 89 SCHOOL ACT Chapter S-3

(3) An application under this section

(a) must be made within 3 years from the date on which the
contravention is alleged to have occurred, and

(b) may be commenced or continued notwithstanding that an


election has been held between the time at which the
disqualification is alleged to have arisen and the time at
which the application is or was commenced and whether
or not the person in respect of whom the application is
being brought

(i) resigns before or after the election,

(ii) was re-elected in the election,

(iii) was not re-elected or did not run in the election, or

(iv) has completed a term of office.


1988 cS-3.1 s70

Dismissal of application for disqualification


89 Where the Court of Queens Bench hears an application under
section 86(b) or (c) or 87 and finds that the person is disqualified,
the Court may nevertheless declare the person to be qualified to be
a trustee if it is of the opinion that the disqualification arose
inadvertently or by reason of a bona fide error in judgment.
1988 cS-3.1 s71

Appeal of declaration of disqualification


90(1) A person who is declared disqualified by the Court of
Queens Bench and appeals that declaration to the Court of Appeal
remains disqualified until the final determination of the appeal.

(2) If, on the final determination of the appeal, the disqualification


is set aside, the Court of Appeal

(a) shall

(i) reinstate the person as a trustee for any unexpired


portion of the term of office for which the person
was elected,

(ii) require any person who has been elected to serve the
balance of that term to vacate the office, and

(iii) require the repayment to the reinstated person of any


honorarium, salary or entitlement that was not paid to
the person during the period of disqualification,

and

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RSA 2000
Section 91 SCHOOL ACT Chapter S-3

(b) may order that any money paid to the board pursuant to
section 88(2) be paid back to the trustee together with any
interest.

(3) If, on the final disposition of the appeal, the disqualification is


set aside but the term of office for which the person was elected has
expired, the person shall not be reinstated, but the person is eligible
to be elected at the next general election for the election of trustees
to the board, if otherwise qualified.
1988 cS-3.1 s72

Reimbursement
91(1) If

(a) an application made under section 86(b) or (c) is


dismissed, or

(b) an order is made declaring that the person is qualified to


remain as a trustee of the board,

the board may reimburse the person in respect of whom the


application was made for any of the persons costs and expenses
that the board considers reasonable other than costs that have
already been awarded to the trustee by the Court.

(2) A board may contract for insurance in respect of payments


under subsection (1).
1988 cS-3.1 s73

Part 4
Employment
Division 1
Teachers
Qualifications re employment
92(1) Unless otherwise authorized under this Act, a board shall
employ as a teacher only an individual who holds a certificate of
qualification as a teacher issued under this Act.

(2) A board may employ a competent individual to teach a


language or culture under the supervision of a teacher who holds a
certificate referred to in subsection (1).
1988 cS-3.1 s74;1994 cG-8.5 s68

Qualifications re supervisory position


93 Unless a person holds a certificate of qualification as a teacher
issued under this Act, that person is not eligible to hold a
supervisory position that directly relates to the teaching functions
of a teacher.
1988 cS-3.1 s75;1994 cG-8.5 s68

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RSA 2000
Section 94 SCHOOL ACT Chapter S-3

Regulations
94(1) The Minister may make regulations

(a) governing the issuing of certificates of qualification to


teachers, including, without limitation, regulations

(i) providing for the issuance of different classes of


certificates;

(ii) providing for the form and manner of application for


a certificate and the information to be provided with
or in support of an application;

(iii) respecting education, training and experience,


character and other eligibility requirements of
applicants for certificates;

(iv) authorizing the issuance of certificates subject to


terms and conditions;

(v) providing for procedural matters related to the


issuance of certificates, including the appointment of
advisory bodies;

(b) governing appeals from a decision to refuse to issue a


certificate, including, without limitation, regulations

(i) respecting the grounds on which an appeal may be


made;

(ii) providing for the establishment of appeal panels and


setting out their powers and duties;

(iii) providing for procedural and evidentiary matters


related to the appeal process;

(iv) authorizing the Minister to accept, reject or vary the


recommendations of an appeal panel and authorizing
the Minister to take any action necessary to
implement the Ministers decision;

(v) respecting the responsibility of the parties to an


appeal for costs in respect of the appeal;

(c) providing for and governing the means of dealing with


allegations that a teacher is unskilled or incompetent in
teaching, whether or not the teacher is a teacher to whom
the Teaching Profession Act applies, or for the means of
dealing with complaints about alleged unprofessional
conduct of a teacher, other than a teacher to whom the

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RSA 2000
Section 94 SCHOOL ACT Chapter S-3

Teaching Profession Act applies, including, without


limitation, regulations

(i) governing what constitutes unprofessional conduct or


unskilled or incompetent teaching;

(ii) respecting the form and manner in which a complaint


or allegation is to be made;

(iii) authorizing a complaint or allegation to be dealt with


notwithstanding the fact that the individual who is
the subject of the complaint or allegation may no
longer hold a certificate under this Act, and
respecting the circumstances under which that kind
of complaint or allegation may be dealt with;

(iv) respecting the investigation of complaints and


allegations and the powers and duties of the person
conducting the investigation or receiving the report
of the person conducting the investigation, as the
case may be;

(v) respecting the establishment of panels to deal with


complaints and allegations and respecting the powers
and duties of those panels;

(vi) respecting procedural and evidentiary matters in


respect of the investigation of complaints and
allegations and in respect of the business of the
panels, including, without limitation, regulations

(A) providing for the taking of evidence under oath,

(B) providing for the compellability of witnesses,

(C) requiring persons to produce records and


documents relevant to the subject-matter of a
complaint or investigation, and

(D) authorizing proceedings for civil contempt of


court to be brought against a person who fails to
comply with a notice to attend a proceeding
before a panel as a witness or a notice to
produce records or documents, or who refuses to
be sworn or to answer questions at a proceeding
before a panel;

(vii) authorizing a person conducting an investigation of a


complaint or allegation to investigate any other
matter related to the conduct of the individual who is

77
RSA 2000
Section 94 SCHOOL ACT Chapter S-3

the subject of the complaint or allegation that arises


in the course of the investigation;

(viii) authorizing the Minister, on receipt of a panels


recommendation, to do one or more of the following,
whether or not that is the panels recommendation:

(A) dismiss the complaint or allegation;

(B) serve a letter of reprimand on the individual


who is the subject of the complaint or
allegation;

(C) suspend the certificate of the individual who is


the subject of the complaint or allegation, with
or without conditions;

(D) cancel the certificate of the individual who is the


subject of the complaint or allegation, or cancel
the certificate and issue a certificate of a
different class;

(E) order that the individual who is the subject of


the complaint or allegation be ineligible for a
certificate for a definite or indefinite time, with
or without conditions;

(d) respecting the responsibility of the parties to a proceeding


in respect of a complaint or allegation referred to in clause
(c) for costs in respect of the proceeding;

(e) authorizing the Minister to accept, reject or vary the


recommendations of a hearing committee or Appeal
Committee under the Teaching Profession Act to cancel or
suspend a certificate, and authorizing the Minister to take
any action necessary to implement the Ministers
decision;

(f) governing the publication of particulars regarding any


recommendation or decision made in proceedings in
respect of a complaint or allegation referred to in clause
(c) or in proceedings under sections 17 to 65 of the
Teaching Profession Act;

(g) authorizing the Minister to appoint a Registrar and other


officials for the purpose of carrying out powers and duties
under the regulations;

(h) requiring the Registrar to keep registers and records and


respecting the information that is to be kept in the
registers and records;

78
RSA 2000
Section 95 SCHOOL ACT Chapter S-3

(i) respecting, authorizing and prohibiting the release of


information in the Registrars registers and records;

(j) authorizing the Registrar to delegate to any employee


under the Ministers administration powers or duties of
the Registrar that are specified in the regulations;

(k) requiring the payment of fees in respect of any matter


provided for under the regulations, including prescribing
the amount of the fee or the manner in which and by
whom the amount is determined and who must pay it;

(l) providing for the service of notices and documents in


respect of matters and proceedings dealt with in the
regulations.

(2) A regulation made under subsection (1) may be specific or


general in its application.
RSA 2000 cS-3 s94;2004 c26 s6

Acting principal
95(1) Notwithstanding section 19, a board may

(a) designate a teacher to be an acting principal for a period


of not more than one year, and

(b) assign that acting principal to a school.

(2) Where a board has assigned an acting principal under


subsection (1), the board shall, within one year from the date of
that assignment, assign a principal to that school.
1988 cS-3.1 s76

Administrative, supervisory and consultative positions


96(1) Subject to section 93, a board may appoint any person or
designate a teacher to an administrative, supervisory or consultative
position.

(2) When an organization representing teachers carries on


collective bargaining on behalf of the teachers, a board and the
organization,

(a) in the case of any teacher who has been designated by the
board to an administrative, supervisory or consultative
position, may, through negotiation, include or exclude that
teacher from the teachers on whose behalf the
organization is bargaining, and

(b) in the case of any teacher who as a result of making an


election under section 5.1 of the Teaching Profession Act
is not an active member of The Alberta Teachers

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RSA 2000
Section 97 SCHOOL ACT Chapter S-3

Association, must exclude that teacher from the teachers


on whose behalf the organization is bargaining.
RSA 2000 cS-3 s96;2004 c26 s7

Contracts of employment
97(1) In this Division, teaching day means

(a) a day on which instruction is given by a teacher,

(b) a day on which a school is closed due to an emergency,

(c) a day on which a school is closed by order of the Minister,

(d) 2 days on which a teachers convention authorized by the


Alberta Teachers Association is held,

(e) holidays declared by a board, and

(f) any other days that are approved by the Minister.

(2) Unless the teacher agrees, a board may not require a teacher to
instruct students

(a) for more than 1100 hours in a school year, or

(b) for more than 200 teaching days in a school year.

(3) Subject to subsection (2) and notwithstanding any other


agreement to the contrary, the terms and conditions of a contract of
employment between a board and a teacher shall comprise the
following:

(a) except in the case of a teacher excluded under section


96(2), the terms and conditions negotiated, agreed on or
awarded under the Education Services Settlement Act or
the Labour Relations Code, as the case may be;

(b) this section and sections 96 to 99 and 101 to 110;

(c) the terms and conditions agreed to between the board and
the teacher.

(3.1) A contract of employment between a board and a teacher to


whom the Education Services Settlement Act applies shall not
contain any matter described in section 23(1) of the Education
Services Settlement Act.

(4) Any contract of employment excluding or purporting to


exclude the provisions of subsection (3)(a) and (b) or subsection
(3.1) is void.

80
RSA 2000
Section 98 SCHOOL ACT Chapter S-3

(5) Every contract of employment between a board and a teacher


shall

(a) be in writing,

(b) be offered to a teacher by a person acting on behalf of the


board, and

(c) be accepted by the teacher.

(6) For the purposes of this Division, an offer, acceptance,


confirmation, statement or notification shall be in writing and shall
be

(a) sent by registered or ordinary mail or by courier to,

(b) personally served on, or

(c) sent by telex, telegram or electronic mail to

the person to whom it is addressed.


RSA 2000 cS-3 s97;2002 cE-0.5 s39

Probationary contract
98(1) A board may employ a teacher under a probationary contract
of employment for a complete school year if that teacher

(a) was not employed by that board as a teacher in the school


year prior to the school year in which the contract was
entered into, or

(b) was employed by that board in the school year prior to the
school year in which the contract was entered into under
section 100 or under a contract referred to in section 101.

(2) For the purposes of subsection (1), a teacher employed under


section 103 is deemed to have been employed by the board under a
probationary contract of employment if at the conclusion of a
school year the total amount of time that the teacher taught for the
board is at least equal to the amount of time the teacher would have
been required to teach in a complete school year if the teacher had
been employed by the board to teach on a full-time basis.

(3) A probationary contract of employment shall terminate on the


June 30 next following the commencement date specified in the
contract.

81
RSA 2000
Section 99 SCHOOL ACT Chapter S-3

(4) Notwithstanding subsection (3), if evaluations of the teacher


indicate to the board that a further probationary period is required
and the teacher agrees, the probationary contract of employment
may be extended for a further period ending no later than the June
30 next following the date of the renewal of the contract.
1988 cS-3.1 s79

Continuing contract
99 Subject to this Act, a contract of employment between a board
and a teacher continues in force from year to year.
1988 cS-3.1 s80

Substitute teachers
100(1) A teacher may teach without a contract of employment that
is in accordance with section 97 only when the teacher is employed

(a) on a day to day basis, or

(b) to occupy a vacancy that is expected to be less than 20


consecutive teaching days in duration.

(2) Neither a teacher who teaches without a contract of


employment that is in accordance with section 97 nor the board
employing the teacher may appeal to the Board of Reference.
1988 cS-3.1 s81

Temporary contract
101(1) A teacher may be employed by a board under a temporary
contract of employment when that teacher is employed for the
purpose of replacing a teacher who is absent from the teachers
duties for a period of 20 or more consecutive teaching days.

(2) A temporary contract of employment entered into under


subsection (1) shall

(a) specify the date on which the teacher commences


employment with the board, and

(b) terminate

(i) on the June 30 next following the commencement


date specified in the contract, or

(ii) on a date provided for in the contract,

whichever is earlier.

(3) Notwithstanding anything contained in a temporary contract of


employment, a party to a temporary contract of employment may
terminate that contract by giving 30 days written notice of the
termination to the other party to the contract.

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RSA 2000
Section 102 SCHOOL ACT Chapter S-3

(4) Section 132 does not apply to the termination of a temporary


contract of employment under this section.
1988 cS-3.1 s82

Interim contract
102(1) A board may employ a teacher for a period of not more
than 360 teaching days under an interim contract of employment if
that teacher

(a) was not employed by that board as a teacher in the school


year immediately prior to the school year in which the
interim contract of employment commences, or

(b) was employed under section 100 or under a contract


referred to in section 101 by that board in the school year
immediately prior to the school year in which the interim
contract of employment commences.

(2) For the purposes of subsection (1), a teacher employed under


section 103 is deemed to have been employed by the board under
an interim contract of employment if at the conclusion of a school
year the total amount of time that the teacher taught for the board is
at least equal to the amount of time the teacher would have been
required to teach in a complete school year if the teacher had been
employed by the board to teach on a full-time basis.

(3) An interim contract of employment terminates on the June 30


next following the commencement date specified in the contract
unless otherwise specified in the contract.
1988 cS-3.1 s83

Part-time contract
103(1) A board may employ a teacher under a part-time contract
of employment for a period that includes all the teaching days in a
school year

(a) to teach on a part-time basis, and

(b) to be paid only for the time that the teacher teaches.

(2) When the board employs a teacher under a part-time contract


of employment, the board may, unless that teachers contract
provides otherwise, vary the amount of time that the teacher is
required to teach in the subsequent semester or school year.

(3) If

(a) under subsection (2), a board varies the amount of time


that a teacher is required to teach under a part-time
contract of employment, and

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RSA 2000
Section 104 SCHOOL ACT Chapter S-3

(b) the teacher does not agree to teach for that amount of time
as varied,

the board may terminate that teachers contract.

(4) Section 132 does not apply to the termination of a contract


under subsection (3).
1988 cS-3.1 s84

Transfer of teacher
104(1) A superintendent may, at any time during a school year,
transfer a teacher from one school operated by the board to another
of its schools.

(2) Subject to this section, if a teacher is transferred, that transfer


becomes effective not less than 7 days from the day on which the
notice of transfer and reasons for the transfer are received by the
teacher.

(3) When a teacher is given a notice of transfer, the teacher may,


within 7 days from the day on which the teacher receives the notice
of transfer, make a written request to the board to have a hearing
before the board for the purpose of objecting to the transfer.

(4) The board may set a date and time for the hearing requested
under subsection (3) that is not earlier than 14 days after the
teacher receives notice of the transfer unless the teacher agrees in
writing to an earlier date.

(5) Where a teacher makes a request to have a hearing before a


board under subsection (3), that teacher shall not be transferred
until after the hearing is held.

(6) Notwithstanding section 109, if a teacher has been given

(a) a notice of transfer and does not wish to transfer in


accordance with the notice, or

(b) a hearing before the board under this section and does not
wish to comply with the decision of the board,

that teacher may resign from the teachers employment with the
board on giving the board 30 days written notice of the teachers
resignation.

(7) Notwithstanding that 30 days have not passed from the date
that a teacher gave notice of the teachers resignation under
subsection (6), the contract of employment between that teacher
and the board terminates on the board paying to the teacher the
salary that the teacher would have been entitled to if the teacher

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RSA 2000
Section 105 SCHOOL ACT Chapter S-3

had remained in the employ of the board for 30 days from the date
of the giving of the teachers notice of resignation.
1988 cS-3.1 s85

Suspension of teacher
105(1) When a board has reasonable grounds for believing that a
teacher has been guilty of gross misconduct, neglecting the
teachers duty or refusing or neglecting to obey a lawful order of
the board, the board may suspend the teacher from the performance
of the teachers duties.

(2) If a superintendent is authorized in writing to do so by the


board, the superintendent may suspend a teacher from the
performance of the teachers duties without prior notice if the
superintendent is of the opinion that the welfare of the students is
threatened by the presence of the teacher.

(3) The superintendent shall advise the board forthwith of a


suspension under subsection (2).

(4) The superintendent shall advise the teacher forthwith in writing


of the reasons for the suspension of the teacher.

(5) A suspension by a superintendent under subsection (2) is


deemed to be a suspension by the board under subsection (1) to
which subsection (6)(a) does not apply.

(6) The board shall

(a) give written notice of the suspension to the teacher


specifying the reasons for the suspension, and

(b) forward a copy of the notice of suspension together with a


written statement of the facts alleged to the Minister.

(7) If the Board of Reference under section 138 authorizes the


board to terminate the contract of employment of a teacher, the
board may terminate that contract and on so doing the board is
deemed to have acted reasonably.

(8) A board may reinstate a teacher who is suspended under


subsection (1) or (2) notwithstanding an appeal of the suspension,
and on reinstatement the teacher shall return to the performance of
the teachers duties.

(9) Reinstatement under subsection (8) does not affect an appeal of


the suspension to the Board of Reference under section 132 or in
the absence of an appeal the power of the Board to investigate or
terminate the contract of employment of the teacher in accordance
with subsection (11).

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RSA 2000
Section 106 SCHOOL ACT Chapter S-3

(10) If the suspension is appealed to the Board of Reference and


the Board of Reference confirms the suspension, the board may

(a) reinstate the teacher, or

(b) terminate the contract of employment of the teacher, and


the board is deemed to have acted reasonably.

(11) If the teacher does not appeal the suspension to the Board of
Reference, the board may make an investigation of the
circumstances and may reinstate the teacher or terminate the
contract of employment of the teacher in accordance with section
107.

(12) A teacher who is suspended shall be paid the teachers salary


until the teachers contract of employment is terminated in
accordance with this Act.

(13) A board shall not employ a teacher who has been suspended
by another board while the suspension is in effect.
1988 cS-3.1 s86;1990 c36 s26

Termination of contract
106(1) A contract of employment between a board and a teacher
automatically terminates at the time that

(a) the certificate of qualification of the teacher is suspended


or cancelled by the Minister, or

(b) the certificate of qualification of the teacher expires.

(2) A contract of employment between a board and a teacher or a


designation of a teacher made pursuant to section 19, 95 or 96 may
be terminated by mutual consent.
1988 cS-3.1 s87

Termination by board
107(1) Whether or not the board has suspended a teacher under
section 105 and whether or not the suspension, if any, has been
appealed to the Board of Reference, a board may terminate

(a) a contract of employment with a teacher, or

(b) a designation of a teacher made pursuant to section 19, 95


or 96,

after giving the teacher written notice of termination not less than
30 days prior to the effective date of termination.

(2) In terminating a contract of employment or a designation, the


board shall act reasonably.

86
RSA 2000
Section 108 SCHOOL ACT Chapter S-3

(3) A notice of termination of a contract of employment or a


designation shall specify the reasons for the termination.

(4) Where a teacher has been served with a notice of termination


of a contract of employment or a designation, the board may
suspend the teacher from the performance of the teachers duties in
accordance with the notice.

(5) A notice of termination of or the termination of a designation


does not terminate a contract of employment.

(6) A teacher who has been suspended under this section must be
paid the teachers salary until the effective date of the termination
of the teachers contract of employment or the designation.

(7) If a teacher is served with notice of termination under


subsection (1) and the teacher has been suspended under section
105 before the notice is served, an appeal, if any, to the Board of
Reference in respect of the suspension shall not be proceeded with
but is merged with the appeal, if any, to the Board of Reference in
respect of the termination under this section.
1988 cS-3.1 s88;1990 c36 s27

Termination by teacher
108(1) A teacher may terminate

(a) a contract of employment with a board, or

(b) a designation of the teacher made pursuant to section 19,


95 or 96,

by giving the board 30 days written notice of the teachers


intention to terminate that contract or designation.

(2) If a teacher has terminated the teachers contract of


employment with a board before rendering any service under the
contract, the teacher shall not be employed by another board unless
the board with which the teachers contract was terminated gives
its prior approval to the teachers employment with the other board.
1988 cS-3.1 s89

Notice of termination
109(1) Subject to section 106(2), a notice of termination of a
contract of employment or of a designation made pursuant to
section 19, 95 or 96 shall not be given by a board or a teacher

(a) in the 30 days preceding, or

(b) during

a vacation period of 14 or more days duration.

87
RSA 2000
Section 109.1 SCHOOL ACT Chapter S-3

(2) Notwithstanding subsection (1), if a teacher or principal has


been convicted of an indictable offence, a board may terminate the
teachers or principals contract of employment or the designation
made pursuant to section 19, 95 or 96 without prior notice

(a) on the conclusion of an appeal from the conviction or a


proceeding to quash the conviction, or

(b) if no appeal is made and no proceeding is commenced, at


the end of the period within which an appeal may be made
or a proceeding commenced.
1988 cS-3.1 s90;1995 c27 s10

Duty to report
109.1(1) A superintendent of a school board or the operator of a
private school or charter school shall make a report in writing to
the Registrar regarding the suspension, termination, resignation or
retirement from employment of a teacher if the suspension,
termination, resignation or retirement, as the case may be, results
from conduct that brings into question the suitability of the teacher
to hold a teaching certificate.

(2) If a report made under subsection (1) is in respect of a teacher


employed by a school board, the board shall make a complaint
about the teachers conduct pursuant to section 24 of the Teaching
Profession Act.

(3) If a report made under subsection (1) is in respect of a teacher


employed by the operator of a private school or charter school, the
operator shall make a complaint about the teachers conduct
pursuant to section 6 of the Practice Review of Teachers
Regulation (AR 4/99).

(4) No action lies against any of the following in respect of any


report made under subsection (1) in good faith when acting or
purporting to act under this Act or the regulations:

(a) a superintendent of a school board,

(b) the operator of a private school or a charter school,

(c) a person appointed as an official trustee,

(d) the executive secretary, or

(e) a person who acts on the instruction of, or under the


supervision of, a person referred to in clauses (a) to (d).

(5) No action for defamation may be founded on a report made


under subsection (1) in good faith.

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Section 110 SCHOOL ACT Chapter S-3

(6) If a complaint under subsection (2) or (3) is dismissed, the


Registrar shall remove from the teachers file the corresponding
report made under subsection (1).

(7) In this section,

(a) executive secretary means the executive secretary as


defined in the Teaching Profession Act;

(b) Registrar means the Registrar appointed under the


regulations.
2001 c27 s13

Termination of designation
110(1) Notwithstanding section 106(2), a teacher, on receipt of a
notice of termination of a designation made pursuant to section 19,
95 or 96, may terminate the teachers contract of employment by
giving 30 days written notice to the board of the teachers
intention to terminate that contract.

(2) No appeal may be made from a termination of a contract to the


Board of Reference if the contract of employment is terminated
pursuant to subsection (1).
1988 cS-3.1 s91

Salaries
111(1) Subject to section 97, a board

(a) shall pay the annual salary of every teacher who teaches
on all the teaching days of a school year on which the
teachers school is in operation;

(b) shall, except as provided in clause (c), pay to every


teacher who

(i) is under a contract of employment for a period that


includes all the teaching days of a school year, and

(ii) does not teach on all the teaching days on which the
teachers school is in operation,

that teachers full annual salary less 0.5% of the salary for
each teaching day on which the teacher does not teach;

(c) shall pay

(i) to every teacher who is under a contract of


employment for a period that does not include all the
teaching days of a school year, and

(ii) to every teacher who is under a contract of


employment for a period that includes all the
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Section 111 SCHOOL ACT Chapter S-3

teaching days of a school year but who during that


year teaches on fewer than 100 teaching days,

0.5% of the teachers annual salary for each day on which


the teacher teaches;

(d) shall not deduct any amount from a teachers salary in


respect of that teachers absence if the absence

(i) is approved by the board or the Minister, or

(ii) is

(A) for the purpose of the teachers receiving


necessary medical or dental treatment, or

(B) on account of injury to or the illness or


disability of the teacher,

when the total number of teaching days on which the


teacher is absent in a school year does not exceed the
total number of teaching days of absence that the
teacher is allowed under subsection (2);

(e) may authorize a teachers absence without pay.

(2) For the purposes of subsection (1)(d)(ii), a teacher is allowed to


be absent in a school year on not more than

(a) a total of 20 teaching days, or

(b) the number of teaching days determined by dividing by 9


the total number of teaching days that the teacher taught
for the board during the school year,

whichever is the lesser number of teaching days.

(3) For the purposes of subsection (1)(d)(ii), a board may require


the teacher to provide it with a certificate from a physician or a
dentist.

(4) A board may allow a teacher to be absent and pay full or part
salary to the teacher for a greater number of teaching days than the
20 teaching days referred to in subsection (2).

(5) A board may adopt a scheme whereby a teacher may earn,


during the teachers service with a board, an entitlement to salary
applicable to periods of illness, the unused portion of which may be
carried forward from year to year.

(6) Notwithstanding any agreement to the contrary, a board shall,

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Section 112 SCHOOL ACT Chapter S-3

(a) on or before the last day of each month, or

(b) within 7 days from the date of the termination of a


contract of employment,

pay to a teacher under a contract of employment the money due to


the teacher.

(7) Notwithstanding subsection (6), a board may withhold

(a) at the end of each school year, or

(b) at the termination of a teachers contract of employment,

an amount not exceeding one months pay for a period ending not
later than 7 days after the submission by the teacher of any reports,
returns or property of the board or the Government that are
required to be returned to the board or the Government.

(8) When a teachers employment with a board terminates prior to

(a) the conclusion of the school year, in the case of a teacher


employed under a contract to teach during all the teaching
days in a school year, or

(b) the expiry date provided for in the contract or under this
Act, in the case of a teacher employed under a contract to
teach for part of a school year,

the board may deduct from the amounts payable to that teacher
0.5% of the teachers annual salary for each teaching day that the
teacher was absent that exceeds

(c) the number of teaching days that the teacher is allowed


under subsection (2)(a), or

(d) the number of teaching days determined by dividing by 9


the total number of teaching days that the teacher taught
for the board in the school year in which the teachers
employment was terminated,

whichever is the greater number of teaching days.


1988 cS-3.1 s92

Unqualified teachers
112(1) Unless otherwise authorized under this Act, a board shall
not knowingly employ a person as a teacher who does not hold a
certificate of qualification as a teacher issued under this Act.

(2) Unless otherwise authorized under this Act, a person shall not
teach in a school operated by a board unless that person holds a
certificate of qualification as a teacher issued under this Act.

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Section 113 SCHOOL ACT Chapter S-3

(3) A person who is not permitted to teach is not entitled to


recover any remuneration for the persons services as a teacher.
1988 cS-3.1 s93;1994 cG-8.5 s68

Division 2
Non-teaching Employees
Superintendent of schools
113(1) Subject to the regulations, a board shall appoint an
individual superintendent of schools for a period of not more than 5
years with the prior approval in writing of the Minister.

(2) Where a board applies for the Ministers approval under


subsection (1), it shall give to the Minister, in the form and
containing the information required by the Minister, notice of its
intention to appoint the superintendent.

(3) The superintendent is the chief executive officer of the board


and the chief education officer of the district or division.

(4) The superintendent shall carry out the duties assigned to the
superintendent by the board.

(5) The superintendent shall supervise the operation of schools and


the provision of education programs in the district or division,
including, but not limited to, the following:

(a) implementing education policies established by the


Minister;

(b) ensuring that students have the opportunity in the district


or division to meet the standards of education set by the
Minister;

(c) ensuring that the fiscal management of the district or


division by the treasurer or secretary-treasurer is in
accordance with the terms or conditions of any grants
received by the board under this Act or any other Act;

(d) providing leadership in all matters relating to education in


the district or division.

(6) The superintendent shall report to the Minister with respect to


the matters referred to in subsection (5)(a) to (d) at least once a
year.

(7) A report required under subsection (6) must be in the form and
contain the information required by the Minister.
1988 cS-3.1 s94;1994 c29 s22;1997 c25 s15

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Section 114 SCHOOL ACT Chapter S-3

Term of appointment
114(1) A board shall not enter into a contract of employment or a
contract renewing a contract of employment with an individual
who is appointed as a superintendent under this section unless the
contract includes a maximum term of not more than 5 years with
no option to renew or extend the contract at the end of the term if
the individual is not reappointed under this section.

(2) If a board intends to reappoint a superintendent named in a


contract referred to in subsection (1), the board shall, not less than
6 months before the contract ends, give to the Minister, in the form
and containing the information required by the Minister, notice of
its intention to reappoint the superintendent.

(3) A reappointment of a superintendent must be for a period of


not more than 5 years.

(4) The Minister may approve or refuse to approve a


reappointment under subsection (2), in any form the Minister
considers appropriate, not more than one month after the Minister
is notified under subsection (2).

(5) If the Minister refuses to approve a reappointment under


subsection (2), the Minister shall give the board reasons in writing
for the refusal.

(6) If the Minister refuses to approve a reappointment under


subsection (2), the board shall appoint another individual as
superintendent of schools in accordance with section 113.

(7) This section applies to a contract renewing a contract of


employment whether or not the original contract was entered into
before this section comes into force.
1994 c29 s22;1997 c25 s16

Regulations
115 The Minister may make regulations governing the
qualifications, appointment and conditions of employment and
termination of employment of superintendents of schools.
1988 cS-3.1 s95;1997 c25 s17

Secretary and treasurer


116 The board shall

(a) appoint a secretary and a treasurer, or one person to act as


secretary-treasurer,

(b) forthwith notify the Minister of the appointment, and

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Section 117 SCHOOL ACT Chapter S-3

(c) arrange for the bonding of the treasurer or the


secretary-treasurer, as the case may be, in an amount that
is reasonable in the circumstances.
1988 cS-3.1 s96

Other non-teaching employees


117 In addition to the employees referred to in sections 113 and
116, the board may employ other non-teaching employees that the
board considers necessary for its operation.
1988 cS-3.1 s97

Division 3
General
Medical examination
118 A board may require any person employed by it to undergo a
medical examination by a physician named or approved by the
board.
1988 cS-3.1 s98

Labour relations
119(1) Notwithstanding anything in this Act, the Labour Relations
Code applies to a board and the employees of the board that are not
subject to the Education Services Settlement Act.

(2) A board may

(a) be a member of an employers organization, and

(b) delegate its power to bargain with any of its employees to


the employers organization.

(3) When a delegation is made under subsection (2), the


employers organization may bargain collectively and make an
agreement on the boards behalf in accordance with the Labour
Relations Code.
RSA 2000 cS-3 s119;2002 cE-0.5 s39

Trustees
120 For the purposes of the Labour Relations Code and the
Employment Standards Code, neither

(a) a trustee of a board, nor

(b) an official trustee appointed under this Act,

is an employee of the board.


1988 cS-3.1 s100;1989 c17 s23;1994 cG-8.5 s68

Employee contracts
121(1) Section 80 applies to an employee under this section.

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RSA 2000
Section 122 SCHOOL ACT Chapter S-3

(2) No employee of a board shall enter into an agreement, other


than a contract of employment, either in the employees own name
or in the name of another or alone or jointly with another, with the
board by which the employee is employed or with any person
contracting with the board, if the employee has a pecuniary interest
in the agreement, unless

(a) other than in the case of the purchase of real property


from or the sale of real property to the board, the
employee

(i) discloses the employees interest to the board, and

(ii) obtains the boards approval of the employee


entering into the agreement,

before entering into the agreement, and

(b) in the case of the purchase of real property from or the


sale of real property to the board, the employee

(i) declares the employees interest to the board, and

(ii) obtains the boards and the Ministers approval of the


employee entering into the agreement,

before entering into the agreement.

(3) A contract entered into in contravention of subsection (2) is


void.
1988 cS-3.1 s101

Return of property on ceasing to hold office


122 Where a person

(a) was a trustee or employee of a board,

(b) has in the persons possession or has control over any


money, book, paper, thing or other property that is the
property of the board or the Government, and

(c) after being given a written notice by the board or the


Minister to deliver that property in accordance with the
directions in the notice, refuses or fails to deliver that
property to the board or the Minister in accordance with
the notice,

that person is guilty of an offence and liable to a fine of not more


than $50 for each day that the person does not deliver that property
to the board or the Minister in accordance with the notice.
1988 cS-3.1 s102

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RSA 2000
Section 123 SCHOOL ACT Chapter S-3

Part 5
Appeals
Division 1
Appeals Concerning Student Matters
Appeal to board
123(1) The failure of a person to make a decision is deemed to be
a decision that may be appealed under this Division.

(2) Where a decision of an employee of a board significantly


affects the education of a student,

(a) the parent of the student, and

(b) in the case of a student who is 16 years of age or older, the


student,

or either of them may within a reasonable time from the date that
the parent or student was informed of the decision appeal that
decision to the board.

(3) For the purposes of this Act, a decision of an employee


authorized by a board under section 61(1) to make the decision is
deemed to be a decision of the board.

(4) A person who may review a student record under section 23


may appeal to a board a decision of an employee of the board
respecting access to or the accuracy or completeness of the student
record within a reasonable time from the date that the parent or
student was informed of the decision.

(5) For the purposes of hearing appeals under this section, a board
shall establish an appeal procedure by resolution.

(6) A board may establish one or more committees for the purpose
of carrying out the boards responsibilities under this section.

(7) A board may make any decision that it considers appropriate in


respect of the matter that is appealed to it under this section.

(8) A board shall make a decision under this section forthwith after
receiving an appeal and shall report that decision to the person
making the appeal forthwith.
1988 cS-3.1 s103;1990 c36 s28

Review by the Minister


124(1) If a board makes a decision on an appeal to it or otherwise
with respect to

(a) the placement of a student in a special education program,

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RSA 2000
Section 125 SCHOOL ACT Chapter S-3

(b) a matter referred to in section 10,

(c) a home education program, or

(d) the expulsion of a student,

(e) repealed 2017 c6 s8,

the parent of a student affected by the decision or the student if the


student is 16 years of age or older may request in writing that the
Minister review the decision of the board.

(1.1) If a board makes a decision on an appeal to it or otherwise


with respect to the amount and payment of fees or costs, the parent
of a student affected by the decision or the student if the student is
16 years of age or older may, subject to the regulations, request in
writing that the Minister review the decision of the board.

(2) Where a dispute arises

(a) as to the amount of fees that are payable by a board to


another board under Part 3, or

(b) as to which board is responsible for a student,

a board or other person that is a party to the dispute may request in


writing that the Minister review the matter.

(3) A person who may review a student record under section 23


may request in writing that the Minister review a decision of the
board, whether made on an appeal to it or otherwise, respecting
access to or the accuracy or completeness of the student record.
RSA 2000 cS-3 s124;2017 c6 s8

Powers on review
125(1) The Minister may review a matter as requested in
accordance with this Act or the regulations and may review the
matter in any manner the Minister considers appropriate in the
circumstances.

(2) Where

(a) the Minister reviews a matter under subsection (1), and

(b) the parties to the dispute are unable to settle the matter,

the Minister may, subject to this Act and the regulations, make
whatever decision with respect to the matter in dispute that appears
to the Minister to be appropriate in the circumstances, and that
decision is final.
1988 cS-3.1 s105;1990 c36 s30;1993 c24 s15;1997 c25 s18

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RSA 2000
Section 126 SCHOOL ACT Chapter S-3

Division 2
Attendance Board
Duties re hearings
126(1) An Attendance Board may hear a matter referred to it
pursuant to section 15 respecting the failure of a student to attend
school as required under this Act.

(2) Before referring a matter respecting the attendance of a student


to the Attendance Board, a board shall ensure

(a) that the student has been advised by the board or the
attendance officer of the students duty to attend school in
accordance with section 13, and

(b) that all reasonable efforts have been made by the board or
the attendance officer to enforce the students attendance
at school.

(3) Before referring a matter respecting the attendance of a student


to the Attendance Board, the person responsible for the operation
of a private school shall ensure

(a) that the student has been advised by that person of the
students duty to attend school in accordance with section
13, and

(b) that all reasonable efforts have been made by that person
to enforce the students attendance at school.
1988 cS-3.1 s108;1990 c36 s32

Matters governing hearings


127(1) For the purpose of conducting a hearing before the
Attendance Board, the following apply:

(a) notice in writing of the date, time, place and purpose of


the hearing shall be served on the parent, on the student
who is the subject of the hearing, if the student is capable
of understanding the situation, and on any other person
the Attendance Board directs at least 10 days before the
commencement of the hearing;

(b) the Attendance Board has, with respect to the holding of a


hearing, the same power as is vested in the Court of
Queens Bench for the trial of civil actions

(i) to summon and enforce the attendance of witnesses,

(ii) to compel witnesses to give evidence on oath or


otherwise, and

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RSA 2000
Section 127 SCHOOL ACT Chapter S-3

(iii) to compel witnesses to produce documents, records


and things;

(c) the Attendance Board may require a board or a person


responsible for the operation of a private school to
produce to the Attendance Board, prior to a hearing,
copies of all reports, statements, correspondence or other
documents or things relating to the matter being heard;

(d) if a person fails to attend, to answer questions or to


produce an item as required under clause (b) or (c) or
subsection (2) or (3), the Attendance Board may apply to
the Court of Queens Bench for an order committing that
person for contempt in the same manner as if that person
were in breach of an order or judgment of that Court;

(e) the Attendance Board shall receive any evidence


presented to it that is relevant to the matter being heard;

(f) the rules of evidence applicable to judicial proceedings do


not apply;

(g) all oral evidence received shall be taken down in writing


or recorded by electronic means;

(h) all the evidence taken down in writing or recorded by


electronic means and all documentary evidence and things
received in evidence at a hearing form the record of the
proceeding;

(i) a person on whom notice of the hearing is served and the


persons counsel or agent are entitled to examine the
record;

(j) the Attendance Board may from time to time adjourn


matters that are before the Board;

(k) a hearing shall be held in public;

(l) notwithstanding clause (k), a hearing or any portion of it


may be held in private if, in the opinion of the Attendance
Board, it is in the public interest to do so;

(m) a person who is likely to be affected by a hearing before


the Attendance Board is entitled

(i) to appear before the Attendance Board,

(ii) to be represented by counsel or an agent, and

(iii) to make representations to the Attendance Board;

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RSA 2000
Section 128 SCHOOL ACT Chapter S-3

(n) a witness attending a proceeding before the Attendance


Board may be paid the same fees and allowances as a
witness summoned to attend at the Provincial Court unless
otherwise prescribed in the regulations;

(o) notice of every order together with a copy of the written


reasons for it, if any, shall promptly be sent to

(i) a person on whom notice of the hearing was served,


and

(ii) any person that the Attendance Board considers is


substantially affected by it.

(2) The Attendance Board may require the student or a parent of


the student, or both, to attend proceedings before the Attendance
Board.

(3) Any person other than the student and a parent of the student
who, in the opinion of the Attendance Board, has knowledge of the
matter before the Attendance Board is a compellable witness in
proceedings before the Attendance Board.

(4) Notice under this section may be served personally on the


person required to be served or by being sent to that person by
registered or certified mail.
1988 cS-3.1 s109;1990 c36 s33;1993 c24 s16

Order of Board
128(1) On hearing a matter referred to it, the Attendance Board
may, subject to any terms or conditions that the Attendance Board
considers proper in the circumstances, make an order doing one or
more of the following:

(a) directing the student to attend school;

(b) directing the parents of a student to send the student to


school;

(c) subject to sections 29, 47 and 48, directing the student to


take an education program, course or student program set
out in the order;

(d) reporting the matter to a director under the Child, Youth


and Family Enhancement Act;

(e) imposing on the students parent a monetary penalty not


exceeding $100 per day up to a maximum of $1000 to be
paid to the Crown for each day that the student does not
attend school;

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RSA 2000
Section 129 SCHOOL ACT Chapter S-3

(f) giving any other direction not referred to in clauses (a) to


(e) that the Attendance Board considers appropriate in the
circumstances.

(2) Notwithstanding subsection (1), the Attendance Board may at


any time during the proceedings

(a) make an interim order giving any directions to the student,


a parent of the student, the board or the person responsible
for the operation of the private school that the Attendance
Board considers appropriate in the circumstances,

(b) adjourn the proceedings before it for a period set by the


Attendance Board, and

(c) reconvene the proceedings to hear further evidence, if the


Attendance Board considers it necessary to do so,
consider the interim order and make a final order under
subsection (1).

(3) A copy of an order of the Attendance Board made under


subsection (1) may be filed with the clerk of the Court of Queens
Bench at the judicial centre closest to the place where the cause of
the proceedings before the Attendance Board arose.

(4) On the filing of a copy of an order with the clerk of the Court
of Queens Bench pursuant to subsection (3), the order of the
Attendance Board has the same force and effect as if the order were
an order of that Court.

(5) A copy of the order as filed shall be sent to the Minister and
any person to whom notice of the order is sent.
RSA 2000 cS-3 s128;2003 c16 s117;2009 c53 s168

Establishment of Board
129 The Minister may

(a) divide Alberta into attendance districts;

(b) appoint an Attendance Board consisting of as many


members as the Minister considers necessary and
designate from among the members a chair and one or
more vice-chairs.
1988 cS-3.1 s111;1990 c36 s35

Sitting in panels
130(1) At the request of the chair or a vice-chair, 3 or more
members may sit as a panel of the Attendance Board.

(2) Two members constitute a quorum at a sitting of a panel of the


Attendance Board.

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RSA 2000
Section 131 SCHOOL ACT Chapter S-3

(3) A decision made or other action taken at a sitting of a panel of


the Attendance Board at which a quorum is present

(a) is the decision or action of the Attendance Board, and

(b) binds all members of the Attendance Board.

(4) A panel of the Attendance Board has, with respect to its duties,
the jurisdiction of the Attendance Board and may exercise all the
powers of the Attendance Board under this Act and the regulations.

(5) The chair may designate a member of a panel of the


Attendance Board to preside at any sitting of the panel at which the
chair is not present.

(6) A panel of the Attendance Board shall conduct its sittings


separately from those of another panel of the Attendance Board
being conducted at the same time.

(7) Where a hearing is conducted by a panel of the Attendance


Board and one or more members of the panel do not for any reason
attend on any day or part of a day, the remaining members present
may, if they constitute a quorum of the panel, continue with the
hearing.
1988 cS-3.1 s112

Division 3
Board of Reference
Board
131(1) The Lieutenant Governor in Council shall appoint a Board
of Reference consisting of those persons that the Lieutenant
Governor in Council considers necessary.

(2) An appeal referred to the Board of Reference may be heard by


one or more members of the Board.

(3) Where an appeal referred to the Board of Reference is heard by


one or more members of the Board,

(a) that member or those members, as the case may be, have
all the powers of and may carry out, in respect of that
appeal, all the duties and functions of the Board of
Reference, and

(b) the decision of that member or those members, as the case


may be, is the decision of the Board of Reference.

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RSA 2000
Section 132 SCHOOL ACT Chapter S-3

(4) For the purpose of carrying out its duties and functions under
this Division, the Board of Reference and each of its members have
the powers of a commissioner under the Public Inquiries Act.
1988 cS-3.1 s113;1994 c29 s23

Appeal
132(1) This section does not apply to

(a) a superintendent, chief deputy superintendent, deputy


superintendent, associate superintendent or assistant
superintendent of a board, or

(b) a teacher who, under section 96(2), is excluded from the


teachers on whose behalf an organization is bargaining.

(2) Except where this Act prohibits an appeal, if a disagreement


arises between a board and a teacher with respect to

(a) a termination of a contract of employment,

(b) a suspension of the teacher,

(c) a termination of a designation of a teacher, or

(d) the refusal of a board to give an approval pursuant to


section 108(2),

the board or the teacher may appeal the matter by sending to the
Minister a notice of appeal in accordance with section 133.
RSA 2000 cS-3 s132;2004 c26 s8

Notice of appeal
133(1) A notice of appeal shall

(a) be in writing, and

(b) set out the nature of the appeal.

(2) The board or teacher appealing shall within the period


specified in subsection (3) send by registered mail

(a) to the Minister, the notice of appeal and a $250 deposit,


and

(b) to the other party to the appeal, a copy of the notice of


appeal.

(3) The period referred to in subsection (2) is 21 days from the


date of receipt of the notice of

(a) termination of contract or of designation,

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RSA 2000
Section 134 SCHOOL ACT Chapter S-3

(b) suspension, or

(c) refusal to give an approval.

(4) A notice of appeal must set out the grounds on which the
appeal is being made.
RSA 2000 cS-3 s133;2004 c26 s9

Appeal referred to Board


134(1) On receiving a notice of appeal, the Minister shall refer the
appeal to the Board of Reference.

(2) The Board of Reference shall, on having an appeal referred to


it,

(a) set the date, time and place for the hearing of the appeal,
and

(b) notify the parties to the appeal of the date, time and place
of the appeal.
1988 cS-3.1 s116

Investigation
135 In considering the matter being appealed, the Board of
Reference may make any investigation it considers necessary.
1988 cS-3.1 s117

Hearing
136(1) After the hearing is set under section 134(2), the Board of
Reference shall not make any decision in respect of the matter
being appealed without giving the parties to the appeal an
opportunity to be heard.

(2) A person appearing at a hearing is entitled to be represented by


counsel.

(3) Not less than 30 days before the date set for hearing the appeal,
or such shorter time period as determined by the Board of
Reference, each of the parties to the appeal must provide to the
Board of Reference and the other parties to the appeal any material
and information and make any disclosures as set out, described,
governed or otherwise provided for by regulation.

(4) Before conducting an appeal, the Board of Reference may


determine any preliminary matter concerning the appeal, including,
without limiting the generality of the foregoing, matters relating to
process and jurisdiction.

(5) An appeal is considered to be abandoned if one year elapses


from the day that a step in the appeal was last taken.

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Section 137 SCHOOL ACT Chapter S-3

(6) Notwithstanding subsection (5), if the Board of Reference is


satisfied that exceptional circumstances exist for doing so, the
Board of Reference may permit an appeal to proceed even though
one year has elapsed since a step in the appeal was last taken.

(7) The Minister may make regulations

(a) setting out or otherwise describing the material and


information and any disclosure that a party to an appeal to
the Board of Reference must provide or make to the
Board of Reference and to the other parties to the appeal;

(b) governing any matter respecting

(i) the provision of material and information, and

(ii) the making of disclosures,

under subsection (3).


RSA 2000 cS-3 s136;2004 c26 s10

Appeal from suspension


137 If an appeal to the Board of Reference is from the suspension
of a teacher, the Board of Reference shall inform the board and the
teacher of its decision.
1988 cS-3.1 s119

Order of Board
138(1) In deciding the matter being appealed, the Board of
Reference may make an order doing one or more of the following:

(a) confirming the termination, suspension or refusal to give


an approval;

(b) changing the termination date of a contract of


employment or of a designation;

(c) directing the board

(i) to reinstate the contract of employment or the


designation of a teacher, or

(ii) to give the approval;

(d) removing the suspension;

(e) confirming the suspension and authorizing the board to


terminate the contract of employment of the teacher;

(f) directing a board to pay to the teacher an amount of


money equivalent to the teachers salary for a specified
period;

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Section 138 SCHOOL ACT Chapter S-3

(g) authorizing a board not to pay salary to the teacher for a


specified period;

(h) providing for any matter not referred to in clauses (a) to


(g) that the Board considers just in the circumstances.

(2) In making an order under subsection (1)(c)(i) or (d), the Board


of Reference may take into consideration any matter that the Board
of Reference considers relevant, but in making that order the Board
of Reference must consider at least the following:

(a) whether the teacher is guilty of gross misconduct;

(b) whether the teacher refused to obey a lawful order of the


board without justification;

(c) the risk to the safety of students, co-workers and the


teacher;

(d) the ability of the teacher to perform teaching duties


effectively;

(e) the effect of reinstatement on the future relationship


between the board and the teacher;

(f) the possibility of recidivism;

(g) whether the reinstatement would have the effect of


undermining the confidence of Albertans in general in the
public education system;

(h) fairness to the teacher.

(3) Notwithstanding subsection (1), the Board of Reference shall


not make an order under subsection (1)(c)(i) or (d) if the Board of
Reference determines that

(a) the teacher should not be engaged in teaching for a board,


or

(b) there is just cause for terminating the contract of


employment or designation.

(4) Subsection (3) applies notwithstanding that any technical or


procedural irregularity by any party to the appeal may have taken
place in relation to the matter being appealed.

(5) The Board of Reference, unless the Minister directs or gives


permission to the Board of Reference to do otherwise, must render
its decision, including any reasons on which the decision is based,
in respect of the matter being appealed within 45 days from the day
that the Board of Reference concludes its hearing of the appeal.

106
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Section 139 SCHOOL ACT Chapter S-3

(6) For the purpose of subsection (5), the direction or permission


of the Minister may be given by the Minister before or after the end
of the 45-day period.
RSA 2000 cS-3 s138;2004 c26 s11

Irregularities in notice of appeal


139 The Board of Reference may proceed with an appeal under
this Division notwithstanding any technical or procedural
irregularity in respect of matters dealt with under this Division if
the Board of Reference is of the opinion that none of the parties to
the appeal were substantially affected by the technical or
procedural irregularity.
RSA 2000 cS-3 s139;2004 c26 s12

Costs
140(1) Unless the Board of Reference orders otherwise, the
parties to an appeal to the Board shall contribute equally in
accordance with the regulations to the payment of the costs and
expenses of the Board relating to the appeal.

(2) The parties to an appeal shall pay their own costs unless the
Board of Reference orders otherwise.

(3) The Lieutenant Governor in Council may make regulations

(a) respecting the remuneration and expenses payable to a


member of the Board of Reference;

(b) prescribing the classes of costs and expenses that are costs
and expenses for the purposes of subsection (1);

(c) respecting the amount or calculation of the amount of


costs and expenses payable by the parties under
subsection (1).
1988 cS-3.1 s122;1994 c29 s24

Deposit
141(1) The Board of Reference may with respect to the deposit
paid under section 133(2) make an order doing one or more of the
following:

(a) requiring that it be paid in whole or in part to the person


against whom the decision on the appeal is made in
payment or part payment of costs;

(b) requiring that it be retained in whole or in part by the


Minister and paid into the General Revenue Fund;

(c) requiring that it be repaid in whole or in part to the person


who paid it to the Minister.

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Section 142 SCHOOL ACT Chapter S-3

(2) If the Board of Reference does not make any order as to costs,
the deposit paid under section 133(2) is to be repaid to the person
who paid the deposit.
1988 cS-3.1 s123

Enforcement of order
142(1) A copy of an order made by the Board of Reference under
section 138, 140 or 141 must be filed with the clerk of the Court of
Queens Bench at the judicial centre closest to the place where the
cause of the proceedings before the Board of Reference arose.

(2) On the filing of a copy of an order with the clerk of the Court
of Queens Bench pursuant to subsection (1), the order of the
Board of Reference has the same force and effect as if the order
were an order of that Court.

(3) A copy of the order as filed shall be sent to the Minister.


RSA 2000 cS-3 s142;2009 c53 s168

Appeal to Court of Appeal


143(1) A teacher or a board that is the subject of an order of the
Board of Reference under section 138, 140 or 141 may appeal that
order to the Court of Appeal.

(2) The appeal shall be commenced not more than 30 days after
the date on which the order is filed under section 142

(a) by filing a notice of appeal with the Registrar of the Court


at Edmonton or Calgary, and

(b) by serving a copy of the notice of appeal

(i) on the relevant board if the appellant is a teacher,

(ii) on the relevant teacher if the appellant is a board, and

(iii) on the Board of Reference.

(3) The appeal shall be founded on the record, if any, of the


evidence before the Board of Reference.

(4) The Alberta Rules of Court for appeals from a judgment or


order of the Court of Queens Bench apply to an appeal to the
Court of Appeal under this section.

(5) The Court of Appeal on hearing the appeal may

(a) make any other finding that in its opinion ought to have
been made on the evidence before it,

(b) quash, confirm or vary any order made by the Board of


Reference,
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RSA 2000
Section 144 SCHOOL ACT Chapter S-3

(c) refer the matter to the Board of Reference for further


consideration by it, or

(d) direct that a new trial of any mixed questions of law and
fact relating to a finding or order, or both, of the Board of
Reference made under this Act be held before the Court of
Queens Bench.
RSA 2000 cS-3 s143;2007 c36 s5

Division 4
Protection from Liability
Protection from liability
144(1) No action lies against a member of the Attendance Board,
a member of the Board of Reference, a member of a Special Needs
Tribunal, a person appointed as an official trustee or a person who
conducts a review under section 124 on behalf of the Minister for
anything done by that person in good faith and in purporting to act
under this Act or the regulations.

(2) No action for defamation may be founded on a communication


if the communication is published to or by an attendance officer,
the Attendance Board, the Board of Reference, a member of a
Special Needs Tribunal, a person appointed as an official trustee or
a person who conducts a review under section 124 on behalf of the
Minister in good faith in the course of any proceedings under this
Act.
1990 c36 s38;1999 c28 s14

Protection from liability


144.1(1) Trustees, employees of a board and school council
members are not liable for any loss or damage caused by anything
said or done or omitted to be done in good faith in the performance
or intended performance of their functions, duties or powers under
this Act or any other enactment.

(2) Volunteers are not liable for any loss or damage caused by
anything said or done or omitted to be done in good faith in the
provision of volunteer services for a board, or for any alleged
neglect or default in the provision of volunteer services for the
board by the volunteers.

(3) Subsections (1) and (2) do not provide a defence if the cause of
action is defamation.

(4) This section does not affect the legal liability of a board.
2003 c29 s3

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RSA 2000
Section 145 SCHOOL ACT Chapter S-3

Part 6
Finance
Division 1
General
Definitions
145 In this Part,

(a) auditor means a person registered under the Registered


Accounting Profession Act or a firm or partnership of
those persons;

(b) person includes a co-operative association and a


cooperative.
RSA 2000 cS-3 s145;RSA 2000 cR-12 s150;
2001 cC-28.1 s467;2001 c23 s1(17)

Auditor
146 A board shall appoint an auditor.
1988 cS-3.1 s125;1990 c36 s39

Financial reporting
147(1) The fiscal year of a board of a district or division is
September 1 to the following August 31.

(2) The board of a district or division shall do the following:

(a) on or before November 15 in each year, prepare financial


statements for the fiscal year ending on the previous
August 31;

(b) on or before May 31 in each year, prepare and submit to


the Minister a budget for the fiscal year beginning on the
following September 1.
1988 cS-3.1 s126;1994 c29 s25;1995 c24 s99(31);
1999 c28 s15

Contents of financial statements and authority to disclose


personal information
148(1) The financial statements referred to in section 147(2)(a)
must include the following information in respect of the board:

(a) the remuneration, the benefits, the allowances and the


expenses paid to or on behalf of the members of the
board, each shown as a separate figure and shown
separately for each member;

(b) the remuneration, the benefits, the allowances, the


expenses and the performance bonuses and other
monetary incentives paid to or on behalf of the

110
RSA 2000
Section 149 SCHOOL ACT Chapter S-3

superintendent of schools appointed by the board, each


shown as a separate figure;

(c) the remuneration, the benefits, the allowances, the


expenses and the performance bonuses and other
monetary incentives paid to or on behalf of the
secretary-treasurer or the secretary and the treasurer
appointed by the board, as the case may be, each shown as
a separate figure;

(d) the total of the remuneration, the total of the benefits and
the total of the allowances paid to or on behalf of the
persons in each of the following groups:

(i) teachers employed by the board;

(ii) non-teaching employees of the board.

(2) The board has the authority to disclose the information listed in
subsection (1) notwithstanding any other Act or any provision of
any agreement that purports to prohibit the disclosure of that
information.
1997 c25 s20

Auditors report
149(1) An auditor shall perform the auditors examination and
prepare the auditors report in accordance with generally accepted
auditing standards on the financial statements prepared pursuant to
this Act and submit the report to the board.

(2) The auditor shall at all times be given access to all records,
documents, books of account and vouchers of the board by board
employees, and the auditor is empowered to request and receive
from the board and any employee of the board any information and
explanations that in the auditors opinion may be necessary to
enable the auditor to report as required by subsection (1).

(3) The Minister may prescribe procedures to be used under this


section that differ from generally accepted accounting principles.
1988 cS-3.1 s127

Examination of auditors report


150 The chair shall lay the auditors report before the board at its
next meeting and provide an opportunity to the members to discuss
it at a meeting of the board.
1988 cS-3.1 s128

Report to Minister
151(1) The auditor shall send to the Minister, on or before
November 30 in each year, in respect of a board of which the
auditor is auditor, copies of

111
RSA 2000
Section 152 SCHOOL ACT Chapter S-3

(a) the financial statements,

(b) the auditors report on the financial statements, and

(c) any written communication between the auditor and the


board respecting the systems of internal control and
accounting procedures of the board.

(2) The Minister in the Ministers discretion may publish or


otherwise disseminate all or part of the documents submitted to the
Minister pursuant to subsection (1).
1988 cS-3.1 s129

Application of funds
152(1) Subject to subsections (3) and (4), any money of a board
that is accumulated by way of a reserve fund for capital
expenditures shall be used only for capital expenditures.

(2) Subject to subsections (3) and (4), any money of a board that is
acquired for capital expenditures by borrowing or in any other
manner shall be used only for the purpose for which it was
acquired.

(3) The Minister, on any conditions that the Minister prescribes,

(a) may permit a board, or

(b) may require a board

to use money referred to in subsections (1) and (2) for a particular


capital purpose or a particular capital project or for any other
purpose or project whether or not the purpose or project is one for
which the money was accumulated, received or acquired.

(4) Notwithstanding subsections (1) and (2), a board may effect a


temporary transfer for a period of not more than one fiscal year of
capital funds to an account for current expenses and, on the transfer
of the capital funds, the funds may be applied during that period
toward current expenses.
1988 cS-3.1 s130;1994 c29 s26;1995 c27 s11;1997 c25 s21

Division 2
Assessment of Property
Interpretation
152.1 In this Division, except in section 161(3), a reference to a
separate school district includes a regional division made up only
of separate school districts.
2001 c27 s14

112
RSA 2000
Section 153 SCHOOL ACT Chapter S-3

Assessment
153 All property is assessable in accordance with this Act for
school purposes.
1988 cS-3.1 s131;1994 c29 s27

Property owned by individuals


154(1) When

(a) a separate school district exists, and

(b) the faith of an individual, whether Protestant or Roman


Catholic, is the same as the faith of those who established
the separate school district,

the property of that individual is assessable for separate school


purposes.

(2) All property owned by an individual who is not referred to in


subsection (1) is assessable for public school purposes.

(3) When

(a) a separate school district exists, and

(b) the property is held by 2 or more individuals as joint


tenants or tenants in common,

each individual shall be assessed for the purposes of the district of


which the individual is a resident, in proportion to the individuals
interest in the property.

(4) For the purposes of this section, when property is held by 2 or


more individuals as joint tenants, they are deemed to hold that
property in equal shares and shall be assessed accordingly.
1988 cS-3.1 s132;1994 c29 s28;1995 c27 s12

List of separate school district residents


155(1) Where a separate school district is established, the board of
the separate school district shall

(a) before the December 1 following the establishment of the


separate school district, and

(b) according to the information available to the board,

submit to each municipality within which the district lies a list of


the names and addresses of all individuals whose property is liable
to assessment for the support of the separate school district.

(2) Where a separate school district is established, the board of the


separate school district shall submit a list of the names and

113
RSA 2000
Section 155 SCHOOL ACT Chapter S-3

addresses of all individuals who were separate school electors as


defined in section 212 at the time the separate school district was
established.

(3) A list submitted to a municipality under subsection (1)


becomes effective on the December 31 following the date on which
the list is submitted.

(4) The lists referred to in subsections (1) and (2) shall be


accompanied with a statutory declaration of the chair and secretary
of the board stating

(a) the sources of information used in the preparation of the


list, and

(b) that to the best of their knowledge and belief, the list is
accurate according to that information.

(5) On receiving the lists referred to in subsections (1) and (2), the
municipality shall mail to each individual named on a list at the
individuals address shown on it a notice stating

(a) that the board of a separate school district claims that

(i) the individual is a resident of that district and the


individuals property that is located in the district is
assessable for the purposes of the separate school
district by virtue of the individual being Protestant or
Roman Catholic, whichever is the faith of those who
established the separate school district,

(ii) the individual is a resident of that district but does


not hold property in the district, or

(iii) the individual does not reside in that district but the
individuals property that is located in the district is
assessable for the purposes of the separate school
district by virtue of the individual being Protestant or
Roman Catholic, whichever is the faith of those who
established the separate school district,

and

(b) that the individual will be recorded as a resident of the


separate school district or as a non-resident property
owner whose property is assessable for the purposes of the
separate school district unless within 3 weeks from the
date of the mailing of the notice the individual gives
written notice to the municipality stating that the
individual is not a member of the same faith as those who
established the separate school district.

114
RSA 2000
Section 156 SCHOOL ACT Chapter S-3

(6) When a written notice is given by an individual under


subsection (5)(b), the municipality shall remove the name of the
individual from the list.

(7) After the expiration of 3 weeks from the date of the mailing of
the last of the notices by the municipality under subsection (5), the
municipality shall with respect to all individuals whose names
remain

(a) on the list referred to in subsection (1), record their


properties as being assessable for separate school
purposes, and

(b) on the list referred to in subsection (2), if any, record


those individuals as being electors of the separate school
district.

(8) The municipality shall furnish to the board of the separate


school district and to the board of the relevant public school district
or division a copy of the list following the removal of names, if
any, pursuant to subsection (6).

(9) Notwithstanding subsections (5) to (8), a municipality shall not


remove the name of any individual from a list referred to in
subsection (1) on or after the date on which the board passes the
resolution authorizing a plebiscite under Part 6 in respect of the
separate school district unless

(a) the resolution is withdrawn by the board,

(b) the separate school electors do not agree in the plebiscite


to a special school tax levy, or

(c) the taxable period affected by the special school tax levy
has ended or public notice is given by the board under
section 190(2), whichever occurs first.
1988 cS-3.1 s134;1990 c36 s40;1994 c29 s30

Notice of assessability
156(1) Any individual who is a separate school elector as defined
under section 212 may give written notice at any time to a
municipality that the property of the individual is assessable for
separate school purposes.

(2) An individual whose name is on a list given by a municipality


to the board of a separate school district under section 155(8) is
deemed to have given notice under subsection (1) that the property
of the individual is assessable for separate school purposes.

(3) Any individual who is not a separate school elector as defined


under section 212 may give written notice at any time to the

115
RSA 2000
Section 156 SCHOOL ACT Chapter S-3

municipality that the property of the individual is assessable for


public school purposes.

(4) Notwithstanding subsections (1) and (3), an individual shall not


give a written notice referred to in subsection (1) or (3) or
withdraw a notice already given on or after the date on which the
board of a school district or division passes a resolution authorizing
a plebiscite under Part 6 in respect of a district or division that
includes the part of the municipality in which the property of the
individual is located unless

(a) the resolution is withdrawn by the board,

(b) the school electors do not agree in the plebiscite to a


special school tax levy, or

(c) the taxable period affected by the special school tax levy
has ended or public notice is given by the board under
section 190(2), whichever occurs first.

(5) A corporation, cooperative or co-operative association may


give written notice to a municipality that all or a portion of its
property located in the municipality is assessable for public or
separate school purposes in accordance with section 157.

(6) Subject to subsection (4) and section 157(2), if a notice is


given under this section, an individual, corporation, cooperative or
co-operative association may withdraw the notice only if it is
replaced by a notice under this section that the property of the
individual, corporation, cooperative or co-operative association is
assessable

(a) for separate school purposes if the original notice made


the property assessable for public school purposes, or

(b) for public school purposes if the original notice made the
property assessable for separate school purposes.

(7) If a person acquires ownership of a fee simple estate in land,


the person shall complete the appropriate notice referred to in this
section and give it to the municipality in which the land referred to
in the transfer is located.

(8) If a municipality does not receive a notice under subsection (7)


within 60 days after it is advised that the ownership of a fee simple
estate in land has been transferred, the municipality shall send the
transferee

(a) if the transferee is an individual, a form of notice under


subsections (1) and (3), or

116
RSA 2000
Section 157 SCHOOL ACT Chapter S-3

(b) if the transferee is a corporation, cooperative or


co-operative association, a form of notice under
subsection (5).

(9) A notice given by a corporation, cooperative or co-operative


association under this section shall state that the information in the
notice has been approved by a resolution of the shareholders, the
members or the directors, as the case may be.

(10) When a person gives notice under this section, any change in
the assessment roll shall not be effective for tax purposes until the
year following the year in which the notice is given.

(11) Any person entitled to examine the assessment roll may, in


accordance with the Municipal Government Act, examine a notice
given under this section or section 157 by a corporation.
RSA 2000 cS-3 s156;2001 cC-28.1 s467;2001 c23 s1(17)

Notice of assessability
157(1) A corporation, cooperative or co-operative association, by
notice under section 156 at any time, may require

(a) that a portion of its property be entered and assessed for


separate school purposes in accordance with this section if
it has shareholders or members of the same faith as those
who established a separate school district in which it has
property, or

(b) that all of the property it has in the municipality be


entered and assessed for public school purposes.

(2) Notwithstanding subsection (1), a corporation, cooperative or


co-operative association shall not give a written notice referred to
in section 156 or withdraw a notice already given on or after a
board of a school district or division passes a resolution authorizing
a plebiscite under Part 6 in respect of a district or division that
includes the property referred to in the notice unless

(a) the resolution is withdrawn by the board,

(b) the school electors do not agree in the plebiscite to a


special school tax levy, or

(c) the taxable period affected by the special school tax levy
has ended or public notice is given by the board under
section 190(2), whichever occurs first.

(3) When the corporation has shareholders, the notice under


subsection (1)(a) shall designate to the separate school district the
proportion of the property of the corporation in the district that is
assessable for school purposes that the value of shares owned by

117
RSA 2000
Section 158 SCHOOL ACT Chapter S-3

shareholders who are separate school supporters bears to the total


value of all shares of the corporation.

(4) The notice under subsection (1)(a) of a corporation or


cooperative that does not have shareholders or of a co-operative
association shall designate to the separate school district the
proportion of the property of the corporation, cooperative or
co-operative association in the district that is assessable for school
purposes that the number of members who are separate school
supporters bears to the total number of members.
RSA 2000 cS-3 s157;2001 cC-28.1 s467;2001 c23 s1(17)

Evidence
158 A notice given under section 156 is proof, in the absence of
evidence to the contrary,

(a) of the contents of that notice, and

(b) that a corporation, cooperative or co-operative association


that gave the notice was properly empowered to give the
notice.
RSA 2000 cS-3 s158;2001 cC-28.1 s467;2001 c23 s1(17)

Effect of notice
159(1) A notice given by a corporation, cooperative or
co-operative association under section 156 or 157 shall be given to
the proper officer of the municipality in which the property is
situated and to the secretaries of the boards of the public and
separate school districts or to the secretary of the board of the
division if the public school district is within a division.

(2) When a person gives notice under section 156 or 157, any
change in the assessment roll shall not be effective for assessment
purposes until the year following the year in which the notice is
given.

(3) The proper officer shall retain on file in the officers office
each notice given to the officer by a corporation, cooperative or
co-operative association.

(4) The notice continues in force and shall be acted on until it is


withdrawn, varied or cancelled by a subsequent notice given
pursuant to a resolution of the corporation, cooperative or
co-operative association.
RSA 2000 cS-3 s159;2001 cC-28.1 s467;2001 c23 s1(17)

Assessment of corporation
160 The proper officer of each municipality in each year shall,
before the completion of the assessment and tax roll, examine each
notice on file in the officers office and shall show in the
assessment and tax roll the property of the corporation, cooperative

118
RSA 2000
Section 161 SCHOOL ACT Chapter S-3

or co-operative association or the part of it that is designated by the


notice as assessed for separate school purposes.
RSA 2000 cS-3 s160;2001 cC-28.1 s467;2001 c23 s1(17)

Equalized assessment
161(1) The Minister responsible for the Municipal Government
Act shall in each year apportion among the districts, whether public
or separate, and the divisions lying in whole or in part within a
municipality the equalized assessment established in respect of the
municipality for that year and afterwards that Minister shall advise
the municipality of the apportionment.

(2) On being advised by the Minister responsible for the Municipal


Government Act of an apportionment under subsection (1), the
chief administrative officer or a designated officer of a
municipality within which a district or division is situated in whole
or in part shall provide a certificate to the secretary of the board
showing the portion of the equalized assessment of the
municipality as determined pursuant to subsection (1) that is
applicable to that part of the municipality that is within the district
or division.

(3) For the purposes of this section, if a separate school district lies
in whole or in part within a municipality,

(a) the assessment of property of an individual that is


assessable for separate school purposes shall pertain to the
separate school district in accordance with section 154
and any notice given under section 156,

(b) the assessment of property of an individual that is


assessable for public school purposes shall pertain to the
public school district in accordance with section 154 and
any notice given under section 156, and

(c) the assessment of property of a corporation, a cooperative


or a co-operative association shall be apportioned between
the separate school district and the public school district in
accordance with the notice given under section 156.

(4) For the purposes of subsection (3),

(a) a reference to a public school district includes a regional


division other than a regional division made up only of
separate school districts, and

(b) a reference to a separate school district includes a regional


division made up only of separate school districts.
RSA 2000 cS-3 s161;2001 cC-28.1 s467;2001 c23 s1(17)

119
RSA 2000
Section 162 SCHOOL ACT Chapter S-3

False statement re assessment


162 A false statement made in any notice respecting the
assessment of property of a corporation, cooperative or
co-operative association that is given by a corporation, cooperative
or co-operative association does not relieve the corporation,
cooperative or co-operative association from taxes.
RSA 2000 cS-3 s162;2001 cC-28.1 s467;2001 c23 s1(17)

Offence
163(1) A corporation, cooperative or co-operative association that
fraudulently gives notice or makes a false statement in a notice is
guilty of an offence and liable to a fine of not more than $10 000.

(2) Any person

(a) who gives a notice on behalf of a corporation, cooperative


or co-operative association, and

(b) who fraudulently or wilfully inserts in that notice a false


statement,

is guilty of an offence and liable to a fine of not more than $10 000.
RSA 2000 cS-3 s163;2001 cC-28.1 s467;2001 c23 s1(17)

Division 3
Requisitions
Calculation of requisition by board
164(1) Subject to the regulations and subsection (2), a board shall
requisition from a municipality included in whole or in part within
the district or division

(a) in the case of a board to which Division 4 does not apply,


the difference between its estimated total expenditures and
its estimated total revenues derived from all sources;

(b) the amount required under a special school tax levy under
section 192;

(c) the amount required under an additional requisition under


section 194.

(2) For the purposes of this section, the requisition under


subsection (1)(a) for a year of a board of a separate school district
or division to which Division 4 does not apply on a particular
municipality must not be less than the requisition that would be
determined using

(a) the property tax rates established under section 174 for the
year for the particular municipality, and

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Section 164 SCHOOL ACT Chapter S-3

(b) the equalized assessment of the particular class of


property referred to in section 174(2) of that portion of the
assessment base of the municipality in respect of which
notice has been given in accordance with section 156 that
the property is assessable for separate school purposes.

(2.1) In subsection (2)(b), the reference to notice given in


accordance with section 156 is a reference to a notice effective as
at December 31 of the year preceding the year for which the
requisition is made.

(3) A municipality that has passed a supplementary assessment


bylaw under the Municipal Government Act shall pay to a board
that has requisitioned the municipality under subsection (1)(a) the
amount raised as a result of the supplementary taxes levied on that
portion of the assessment base of the municipality in respect of
which notice has been given in accordance with section 156 that
the property is assessable for separate school purposes.

(4) The amount referred to in subsection (3) shall be paid to the


board on or before February 28 in the year subsequent to the year
for which the supplementary tax is levied.

(5) A municipality shall advise the Minister of the amount paid to


a board under subsection (3) on or before February 28 in the year
subsequent to the year for which the supplementary tax is levied.

(6) The amount received by a board under subsection (3) shall be


used to lower the requisition under subsection (1)(a) by the board
on the municipality in the subsequent year.

(7) The Minister may make regulations

(a) limiting the amount of money a board may requisition


from a municipality;

(b) setting the limit referred to in clause (a) in an amount or


as a percentage;

(c) providing one or more methods, whether by a vote of the


electors or otherwise, by which a board may exceed the
limits set under clause (a).

(8) The Minister may use any criteria the Minister considers
appropriate in establishing limits under subsection (7).
RSA 2000 cS-3 s164;2001 c27 s15

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Section 164.1 SCHOOL ACT Chapter S-3

Requisition deemed valid and binding


164.1 A requisition calculated under section 164 before the
coming into force of this section is deemed to be valid and binding
notwithstanding any error, defect or omission in the requisition.
2001 c27 s16

Submission of requisition
165(1) Subject to section 171(8), on or before April 30 in each
year or within 30 days after the date on which a board is provided
with the certificates under section 161, whichever is later, the board
shall submit to each municipality and to the Minister its requisition
that is required to be raised by the relevant municipality.

(2) If a municipality requests it, the board shall supply a copy of its
estimates to the municipality to which it submits a requisition.
1988 cS-3.1 s151;1994 c29 s44

Statement to boards by municipality


166 The proper officer of each municipality, when providing the
certificate required by section 161, shall also send to each board a
statement showing, both for public school purposes and for
separate school purposes,

(a) the total assessment of all property assessed to


individuals,

(b) the total assessment of all property assessed to


corporations under sections 156 and 157, and

(c) the totals of the assessments, valuations and assessed


values under clauses (a) and (b).
1988 cS-3.1 s153;1994 c29 s47

Copy of assessment roll


167(1) Each municipality in which a board is included in whole or
in part shall, at the request of and at the expense of the board,
supply to the board a copy of the whole or any part of the
assessment roll of the municipality.

(2) A board that receives a copy of the whole or any part of an


assessment roll shall treat the information as being strictly
confidential.
1995 c27 s15

Payment by council of a municipality


168(1) A municipality, in each year, shall pay to the board of each
district or division in which the area of the municipality is included
the amount of the requisition transmitted by the board of the district
or division under this Part.

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Section 169 SCHOOL ACT Chapter S-3

(2) In the same manner and at the same time as it levies the
amount of the basic requisition made under section 164, a
municipality shall levy on the assessable property in the part of the
district, division or hamlet that is within the municipality

(a) the amount of any other requisition referred to in sections


192 and 194, and

(b) the amount required for the purposes of the Alberta


School Foundation Fund under section 174.

(3) A municipality shall pay to a board or the Alberta School


Foundation Fund the amount required under this Part in equal
quarterly instalments on the last banking day of each of the months
of March, June, September and December in that year.

(4) If a municipality has not received the requisition of the board


of a district or division or the mill rates under section 174 by March
15, the municipality shall make a payment on account to that board
or the Alberta School Foundation Fund, as the case may be, based
on the requisitions or payments of the previous year.

(5) If a municipality fails to pay the amount required from time to


time under this Part as required by this Part, the amount becomes a
debt due, owing and payable to the district or division or the
Government, as the case may be.

(6) A debt referred to in subsection (5) may not be recovered by


suit at law unless permission to enter suit is granted by the
Minister.
1988 cS-3.1 s155;1994 c29 s45;1995 c24 s98;1996 c30 s70

Interest
169 If a municipality is in default of payment of a requisition or
payment into the Alberta School Foundation Fund, the amount
unpaid shall bear interest at a rate determined by the Lieutenant
Governor in Council.
1988 cS-3.1 s156;1994 c29 s48

Division 4
Alberta School Foundation Fund
Dissolution of School Foundation Program Fund
170 The School Foundation Program Fund is dissolved.
1988 cS-3.1 s157;1994 c29 s50

Application of this Division


171(1) Subject to a resolution of a board under subsection (2), this
Division applies to all boards.

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Section 172 SCHOOL ACT Chapter S-3

(2) The board of a separate school district or a division made up


only of separate school districts may, pursuant to a resolution,
certify to the Minister under the seal of the district or division that
this Division does not apply to it.

(3) A resolution of a board referred to in subsection (2) remains in


effect until it is rescinded by the board by another resolution.

(4) A board shall only make or rescind a resolution referred to in


subsection (2) after the date of a general election under the Local
Authorities Election Act and before December 31 of the same year.

(5) A resolution under this section is effective with respect to the


taxation year beginning immediately after the date of the
resolution.

(6) Notwithstanding subsections (4) and (5), a board of a separate


school district or a division made up only of separate school
districts may make a resolution referred to in subsection (2) not
more than 30 days after May 25, 1994, and the resolution is
deemed to be effective with respect to the 1994 and subsequent
taxation years unless it is rescinded in accordance with this section.

(7) Notwithstanding subsection (4), a board of a division made up


only of separate school districts that is established under section
223 or 225 may make a resolution referred to in subsection (2) not
more than 30 days after the date on which the division is
established.

(8) A board of a district or division to which this Division applies


shall requisition a municipality under Division 3 only in
accordance with a special school tax levy or an additional
requisition under Division 7.
1994 c29 s51

Alberta School Foundation Fund


172 The Alberta School Foundation Fund is established by this
section.
1994 c29 s51

Taxing authority
173 The Government of Alberta is a taxing authority for the
purpose of applying property tax rates against the equalized
assessment of a municipality.
1995 c24 s98

Payment into the Fund


174(1) The Lieutenant Governor in Council shall in each year
establish one or more property tax rates expressed in mills.

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Section 174 SCHOOL ACT Chapter S-3

(2) The property tax rate shall be established under subsection (1)
in accordance with the following:

(a) there shall be one property tax rate for the equalized
assessment of residential and farm land property referred
to in section 297(1) of the Municipal Government Act;

(b) there shall be one property tax rate for the equalized
assessment of non-residential property referred to in
section 297(1) of the Municipal Government Act;

(c) there shall be one property tax rate for the equalized
assessment of machinery and equipment property referred
to in section 297(1) of the Municipal Government Act.

(3) Notwithstanding any other subsection, the property tax rates


established under subsection (1) may be varied by the Lieutenant
Governor in Council among towns or townsites in national parks.

(4) Each municipality shall pay annually into the Alberta School
Foundation Fund a sum equal to the amount that results from
applying the rates referred to in subsection (1) in accordance with
the order that establishes them to the equalized assessment of the
municipality as established for the year under the Municipal
Government Act.

(5) A municipality that has passed a supplementary assessment


bylaw under the Municipal Government Act shall pay to the
Alberta School Foundation Fund the amount raised pursuant to the
requisition as a result of the supplementary taxes levied on that
portion of the assessment base of the municipality in respect of
which no payment is made under section 164(3).

(6) The amount referred to in subsection (5) shall be paid to the


Alberta School Foundation Fund on or before February 28 in the
year subsequent to the year for which the supplementary tax is
levied.

(7) The amount paid into the Alberta School Foundation Fund
pursuant to subsection (5)

(a) shall be used to offset any under levy resulting from


appeals from equalized assessments under the Municipal
Government Act, and

(b) if there is an amount remaining after all offsets under


clause (a) are made, that amount shall be used to lower the
province-wide requisition under this section in the
subsequent year.

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RSA 2000
Section 175 SCHOOL ACT Chapter S-3

(8) The Minister, or a person designated in writing by the Minister,


shall advise each municipality as soon as possible in each year of
the amount that the municipality is required to pay into the Alberta
School Foundation Fund.

(9) Each municipality shall pay into the Alberta School


Foundation Fund the amount calculated by applying the mill rates
set pursuant to subsection (1).

(10) Notwithstanding anything in this Division, the Minister may


by order provide that the sum required to be paid into the Alberta
School Foundation Fund by a municipality pursuant to subsection
(4) be paid, in whole or in part, directly to one or more boards of
districts or divisions situated in whole or in part within the
municipality, and any sum paid under this section is deemed to be a
payment into the Alberta School Foundation Fund.

(11) Notwithstanding anything in this Division, the Minister may


by order suspend or defer in whole or in part the payment of any
sum required to be paid under subsection (4) for the period of time
and on the terms and conditions that the Minister prescribes.

(12) Notwithstanding anything in this section, that portion of the


assessment base of a municipality that is assessable for separate
school purposes pursuant to section 164(2)(b) is not to be included
in the equalized assessment referred to in subsection (4).

(13) If it is determined on appeal under the Municipal Government


Act that a municipality has paid an amount into the Alberta School
Foundation Fund in excess of the sum that it is required to pay
under subsection (4), the Minister may order the repayment of the
excess to the municipality from the Alberta School Foundation
Fund.
RSA 2000 cS-3 s174;2001 c27 s17

Default
175 Where a municipality defaults in making a payment required
under this Division, the Minister may pay into the Alberta School
Foundation Fund to the credit of the municipality any grants
payable to that municipality for that year or any succeeding year
until the amount owing by the municipality has been received.
RSA 2000 cS-3 s175;2006 c23 s73

Payment from the Fund


176(1) Subject to regulations made under subsection (8), the
Minister shall make payments from the Alberta School Foundation
Fund to all boards, whether or not the board has a subsisting
resolution that this Division does not apply to it.

(2) The Minister shall not make a payment from the Alberta
School Foundation Fund to any person other than a board except

126
RSA 2000
Section 176 SCHOOL ACT Chapter S-3

(a) when section 174(13) applies, or

(b) when a payment to the General Revenue Fund is required


to repay advances made from that Fund to the Alberta
School Foundation Fund, and in that case, interest may
also be paid from the Alberta School Foundation Fund to
the General Revenue Fund.

(3) In this section, amount per student with respect to a board


means the amount obtained when

(a) the total amount received by the board pursuant to a


payment from the Alberta School Foundation Fund and a
requisition under section 164, other than pursuant to a
special school tax levy or an additional requisition under
Division 7,

is divided by

(b) the number of eligible students enrolled in schools


operated by the board.

(4) The Minister shall calculate the amount to be paid from the
Alberta School Foundation Fund to all boards in such a way that
the payment for a school year to one board is consistent with the
principle that each board is entitled to receive the same amount per
student for the school year.

(5) If a separate school district or division to which Division 4


does not apply receives from municipalities requisitioned by the
board an amount per student for a school year that is greater than
the amount per student for the school year used by the Minister to
calculate payments from the Alberta School Foundation Fund
under subsection (4) and subject to the rights under the
Constitution of Canada of separate school electors, the board of
that district or division shall pay the difference between the
amounts into the Alberta School Foundation Fund.

(6) The receipt of money from the Alberta School Foundation


Fund does not make this Division apply to a board of a separate
school district or division that has a subsisting resolution certifying
that this Division does not apply to it.

(7) Subsections (4) and (5) apply to the school year commencing
after July 31, 1995 and subsequent school years.

(8) The Lieutenant Governor in Council may make regulations


respecting payments to boards from the Alberta School Foundation
Fund for the purposes of education under this Act.
1994 c29 s54;1997 c25 s22

127
RSA 2000
Section 177 SCHOOL ACT Chapter S-3

Collecting boards
177 For the purpose of this Division, a collecting board under
Division 5 is deemed to be both a board and a municipality.
1988 cS-3.1 s161;1994 c29 s56

Effect of cessation of services


178 Notwithstanding anything in this Division or the regulations,
in the event of a cessation of services by teachers or other
employees of a board by reason of a strike or lockout, the Minister
shall

(a) pursuant to the regulations made under this Division,


calculate the amount payable to the board for the period
during which the cessation of services continued, and

(b) reduce the amount payable to the board by any sum up to


and including the amount calculated pursuant to clause (a)
after considering the continuing operating costs incurred
by the board.
1988 cS-3.1 s162

Division 5
Levying and Collecting Taxes by a
Board
Definition
179 In this Division, collecting board means a board that is
authorized under section 180 to levy and collect taxes.
1988 cS-3.1 s163

Authorization to levy and collect taxes


180(1) Notwithstanding anything in this Part, the Minister may by
order authorize a board to levy and collect taxes with respect to its
whole area.

(2) An order made under subsection (1) shall be published in The


Alberta Gazette.
1988 cS-3.1 s164

Collecting board
181(1) A collecting board

(a) has, for the purpose of imposing, collecting,


compromising and refunding taxes, all the powers with
respect to the imposition and collection of taxes that are
vested in a municipality by the Municipal Government
Act, and

(b) has and may exercise all the powers and duties of a
municipality under this Act and the Municipal
Government Act, but only to the extent that the power is
128
RSA 2000
Section 182 SCHOOL ACT Chapter S-3

not being exercised in the district by any other public


authority.

(2) A collecting board shall only exercise the powers given by


subsection (1) in accordance with a plebiscite conducted under
Division 7 or as a municipality under Division 4.
1988 cS-3.1 s165;1994 cM-26.1 s642(65);1994 c29 s57

Exemption
182 Division 3 as it relates to the making of requisitions on
municipalities does not apply to a collecting board.
1988 cS-3.1 s166

Division 6
Borrowing
Borrowing
183(1) A board may borrow to meet current expenditures, but a
board shall not, without the prior written approval of the Minister,
borrow to meet current expenditures if the aggregate of the amount
to be borrowed and the total amount owing under previous
borrowings under this subsection would exceed the amount of the
boards accounts receivable, as shown in the most recent audited
financial statements for the board prepared pursuant to this Act.

(2) A board, with the prior approval of the Minister, may borrow
to meet capital expenditures.

(3) The amount of any borrowing by a board under this section


may be secured

(a) by a promissory note, or

(b) in any other manner.

(4) The Minister may make regulations respecting borrowing by a


board under this section.

(5) A charge secured by a board pursuant to subsection (3) is not


effective against the Government, the municipality or any other
person who is not a party to the charge.

(6) The lender of any money under this Act is not required to
establish the necessity of the purpose for which the money is
borrowed.
1988 cS-3.1 s167;1994 c29 s58;1995 c27 s16;1997 c25 s24

Loan on debentures limited


184(1) The board may, by resolution, raise money by way of a
loan on any debentures,

129
RSA 2000
Section 185 SCHOOL ACT Chapter S-3

(a) pending the sale of the debenture authorized by a bylaw,


or

(b) instead of selling and disposing of the debentures referred


to in clause (a).

(2) A loan referred to in subsection (1) shall not exceed 80% of the
par value of the debentures.

(3) The board may hypothecate the debentures for the purposes of
the loan referred to in subsection (1).

(4) The proceeds of every loan obtained under this section must be
applied to the purposes for which the debentures were issued and if
the debenture is subsequently sold the proceeds must first be
applied in repayment of the loan.
1988 cS-3.1 s176

Validity of debentures
185 Any debenture issued under this Act is valid and binding on a
board notwithstanding any insufficiency in form or substance or
otherwise of the bylaw or of the authority of the board in respect of
it if

(a) the bylaw has received the assent of the required number
of electors voting on it, where their assent is required,

(b) no successful application has been made to quash the


bylaw within 2 months from the date of its final passing,
and

(c) the bylaw has received the approval of the Minister.


1988 cS-3.1 s177;1994 cM-26.1 s642(65);1995 c27 s17

Use of unexpended debenture proceeds


186(1) If

(a) debentures have been issued for a capital expenditure, and

(b) on completion of the work or in consequence of its partial


abandonment there remains a balance of funds remaining,

a board shall, by resolution reciting the facts, apply to the Minister


for authority to use that balance for any purpose not authorized by
the bylaw under which the debentures were issued.

(2) Where the board makes an application under subsection (1),


the Minister may, on the terms and conditions that the Minister
considers proper, grant permission to a board to use the balance of
funds remaining for the purpose set out in the application.
1988 cS-3.1 s178

130
RSA 2000
Section 187 SCHOOL ACT Chapter S-3

Improper application of money borrowed


187(1) If a board uses money that was borrowed for a capital
expenditure for a purpose not authorized under section 152 or 186,
the persons who were trustees of the board at the time that they
approved the improper application of the capital money, whether or
not they are still trustees, are jointly and severally liable for the
payment to the board of the amount of money applied to the
unauthorized use.

(2) A person is not liable under subsection (1)

(a) if, being a trustee when the improper application of capital


money was approved and being present at the meeting of
the trustees or a committee of the trustees at the time it
was approved, the person

(i) voted against the improper application of capital


money at that meeting,

(ii) requested the persons name and vote to be recorded,


and

(iii) notified the Minister in writing of the persons


objection to the improper application of the capital
money within 8 days from the date of that meeting,

or

(b) if, being a trustee when the improper application of capital


money was approved but not being present at the meeting
of the trustees or of a committee of the trustees at the time
it was approved, the person

(i) filed with the secretary of the board a written


objection to the improper application of the capital
money, and

(ii) notified the Minister in writing of the persons


objection,

within 30 days from the date on which the person first had notice
that the improper application of capital money was so approved.
1988 cS-3.1 s179

Liability of trustees
188 Where a trustee is liable to a board for funds under this Part,
the amount for which the trustee is liable may be recovered by the
board by legal action as a debt due from the trustee.
1988 cS-3.1 s180

131
RSA 2000
Section 189 SCHOOL ACT Chapter S-3

Enforcement of liability of trustees


189(1) On the application to the Court of Queens Bench by any
elector of the district or division, the Court may, if it is satisfied
that

(a) the elector has reasonable grounds for believing that the
board has a cause of action under section 152, 186 or 187,
and

(b) either

(i) the board has refused or failed to commence an


action to recover the funds within 60 days from the
date of receipt of a written request from the elector to
do so, or

(ii) the board has failed to prosecute diligently an action


commenced by it to recover the funds,

make an order, on any terms as to security for costs and otherwise


that the Court considers proper, requiring the Minister of Justice
and Solicitor General to commence or continue an action in the
name and on behalf of the board to recover the funds.

(2) The board and the Minister of Justice and Solicitor General
must

(a) be given notice of any application under subsection (1),


and

(b) have the right to appear and be heard in respect of the


application.

(3) Every order made under subsection (1) shall require that the
board

(a) co-operate fully with the Minister of Justice and Solicitor


General in the institution and prosecution of the action,
and

(b) make available to the Minister of Justice and Solicitor


General all books, records, documents and other material
or information known to the board or reasonably
ascertainable by the board that is relevant to the action.
RSA 2000 cS-3 s189;2009 c53 s168;2013 c10 s34

132
RSA 2000
Section 190 SCHOOL ACT Chapter S-3

Division 7
Special School Tax Levy
Plebiscite
190(1) A board, by resolution passed at a public meeting of the
board at least 60 days before election day in a year in which a
general election will be held under the Local Authorities Election
Act, may authorize the holding of a plebiscite to obtain the
approval of the electors of the district or division respecting a
special school tax levy under this Part.

(2) A board, not less than 60 days before the board intends to
consider a resolution referred to in subsection (1), shall give public
notice of its intention to consider the resolution.

(3) The question that the plebiscite shall determine must be

(a) in accordance with the regulations, and

(b) included in the resolution.

(4) A board, by resolution, may withdraw a plebiscite authorized


under subsection (1) at any time up to the date on which the
plebiscite is to be held.

(5) The Lieutenant Governor in Council may make regulations

(a) respecting the information to be given to the public by a


board before a plebiscite is held under this Part;

(b) respecting the question, any information or any other


matter to be included in a ballot in a plebiscite under this
Part;

(c) respecting the holding and conduct of a plebiscite


generally under this Part.
1994 c29 s60;1997 c25 s25

Special school tax levy


191(1) No special school tax levy shall be authorized by plebiscite
if the amount to be raised by the special school tax levy in each
year is more than 3% of the budget of the board for the year in
which the resolution is passed.

(2) A special school tax levy may be approved by a plebiscite for a


period of not more than the 3-year period ending on December 31
of the year of the next general election under the Local Authorities
Election Act after the plebiscite.

133
RSA 2000
Section 192 SCHOOL ACT Chapter S-3

(3) Money raised by a board by a special school tax levy must be


used for the purpose referred to in the resolution.
1994 c29 s60

Assessment and requisition


192(1) If a majority of the ballots cast at a plebiscite under this
Part vote in favour of a special school tax levy, the board may
requisition municipalities in accordance with Division 3.

(2) Subject to subsections (3) and (4), Divisions 2 and 3 apply to a


special school tax levy.

(3) Only the property of an individual that is assessable for public


school purposes under section 154 or of a corporation, cooperative
or co-operative association that has given notice under section 156
that all or a portion of its property is assessable for public school
purposes is assessable for a special school tax levy by a board of a
public school district or division.

(4) Only the property of an individual that is assessable for separate


school purposes under a notice under section 156 or of a
corporation, cooperative or co-operative association that has given
notice under section 156 that all or a portion of its property is
assessable for separate school purposes is assessable for a special
school tax levy by a board of a separate school district or division.
RSA 2000 cS-3 s192;2001 cC-28.1 s467;2001 c23 s1(17)

Plebiscite
193(1) A plebiscite under this Part shall be conducted in
conjunction with the next general election under the Local
Authorities Election Act after the resolution is passed under section
190.

(2) The Local Authorities Election Act and the regulations under it
apply to the plebiscite except as otherwise provided by this Act or
the regulations under this Act.

(3) The persons eligible to vote in a plebiscite are the persons


eligible to vote at the general election for members of the board
that passed the resolution.

(4) The secretary of the school board shall report the results of the
plebiscite to the board as soon after they are known as practicable.
1994 c29 s60

Hamlet
194(1) For the purpose of an additional requisition only, the
Minister, on the petition of the residents of an area, may by order
declare that area to be a hamlet.

(2) The Minister may

134
RSA 2000
Section 195 SCHOOL ACT Chapter S-3

(a) establish an additional requisition under this section,

(b) determine the amount of the additional requisition to be


made, and

(c) designate the hamlet within which the assessment will be


made.

(3) The Minister shall require the public school board of the
district or division in which the hamlet is located to requisition the
municipality under this Act in accordance with the order of the
Minister and the regulations.

(4) A municipality shall assess the residents of the hamlet in


accordance with the requisition, the order of the Minister and
section 161.

(5) The board shall expend the amount raised under this section in
accordance with the order of the Minister and the regulations.

(6) When an additional requisition has been approved by the


Minister under this section it shall continue in effect from year to
year until changed in accordance with this section.

(7) An additional requisition established under this section may be


increased or decreased by order of the Minister.

(8) The Minister may make regulations respecting additional


requisitions under this section.
1994 c29 s60

Part 7
Property
Division 1
General
Real and personal property
195 A board shall provide and maintain adequate real and
personal property for its administrative and educational purposes.
1988 cS-3.1 s182

Acquisition of property
196(1) A board may

(a) acquire by gift, lease or purchase and hold any real or


personal property or any interest in it;

(b) acquire land for buildings, whether the land is in or


outside the district or division, and acquire additional land
to add to land owned by it;

135
RSA 2000
Section 197 SCHOOL ACT Chapter S-3

(c) acquire land or any rights in, on, over or under it and if
necessary extending beyond the boundaries of building
sites for sewage, water, gas, electric power or other
services;

(d) enter into agreements for the acquisition of an option to


lease or purchase any real or personal property;

(e) acquire, build, furnish or rent buildings or portions of


buildings.

(2) A board shall notify the Minister within 30 days from the date
on which the board purchases or enters into an agreement to
purchase any land or any interest in land pursuant to subsection
(1)(a), (b) or (d) of that purchase or agreement.
1988 cS-3.1 s183

Joint property
197 Subject to the prior approval of the Minister, a board may
enter into an agreement

(a) with one or more other boards for the joint construction,
ownership, control, management, maintenance, operation
or use of a school building or a building to be used
primarily by students of one or more districts or divisions,
or

(b) with one or more other boards, persons or municipalities


for the joint construction, ownership, control,
management, maintenance, operation or use of a public
work or building.
1988 cS-3.1 s184

Buildings other than school buildings


198(1) When a board proposes to construct, purchase or lease a
building other than a school building, the board shall give public
notice of its intention to construct, purchase or lease the building if
the estimated cost of the construction, the purchase price or the
leasehold costs over the term of the lease exceed $500 000.

(2) For the purposes of this section, if a building is to be


constructed the estimated cost of the construction of the building
shall be the cost estimated by the architect employed or consulted
by the board and the estimate shall be incorporated in a minute of
the board.

(3) If a board

(a) receives a petition meeting the requirements of section


268 within 15 days from the date of the last publication of
the public notice in a newspaper, and

136
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Section 199 SCHOOL ACT Chapter S-3

(b) decides to proceed with the construction or purchase of a


building other than a school building,

the board shall submit the question to a vote of the electors.

(4) The board shall

(a) send to the Minister a copy of each request contained in


the petition received under subsection (3) within 5 days
from the date of receiving it, and

(b) advise the Minister in writing within 14 days from the


date of the vote of the outcome of each vote conducted
under subsection (3).

(5) If the result of the vote under subsection (3) is to defeat the
proposal to construct or purchase a building, the board is bound by
the vote for a period of 12 months from the date of the vote and
during that 12-month period the board shall not propose to
construct or purchase the same or a similar building.
1988 cS-3.1 s185;1994 cM-26.1 s642(65);1995 c27 s19

Expropriation
199(1) If a board is unable to acquire land or any interest in land
necessary for it to carry out its functions, the board may apply to
the Minister in accordance with subsection (2) for authority to
expropriate the land or the interest in land under the Expropriation
Act.

(2) The application to the Minister by a board shall set out the
facts and reasons for the request for authority to expropriate.

(3) The Minister may make any investigation the Minister


considers necessary into the application and, if the Minister is
satisfied that the expropriation is necessary, the Minister shall issue
an order authorizing the board to expropriate the land or the interest
in land specified in the order.

(4) Until the Minister issues an order authorizing a board to


expropriate, a board has no power to expropriate.
1988 cS-3.1 s186

Disposition of property
200(1) Subject to the regulations, a board may sell, lease, rent or
otherwise dispose of any of its personal property or any interest in
it.

(2) Subject to this section, the regulations, Part 17 of the


Municipal Government Act and the Public Lands Act, a board may,
with the written approval of the Minister, sell, lease, rent or
otherwise dispose of any of its real property.

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Section 201 SCHOOL ACT Chapter S-3

(3) Where a board no longer has a use for a school building, the
Minister may in writing direct the board to dispose of that property
subject to those terms or conditions that the Minister prescribes.

(4) The Registrar of Land Titles shall not accept an instrument that
has the effect of transferring from a board any real property of the
board unless the instrument is accompanied with

(a) the approval, or a certified copy of it, given under


subsection (2), or

(b) the direction, or a certified copy of it, given under


subsection (3).
1988 cS-3.1 s187;1995 c24 s100;1995 c34 s11;1995 c27 s20

Regulations
201 The Minister may make regulations respecting the
disposition of property by a board.
1988 cS-3.1 s188

Division 2
School Buildings
202 Repealed 2001 c27 s19.

Approval
203(1) Where a school jurisdiction wishes to engage in a school
building project that involves the construction of or the addition to
a school building, the school jurisdiction shall, before construction
begins on the school building or addition, submit a copy of the
plans respecting the area and capacity of the building or addition to
the Minister.

(2) No structural alteration that has the effect of reducing the


number of classrooms in the original design of the school building
may be made to a school building unless a copy of the plan
amended for area and capacity has been submitted to the Minister.
RSA 2000 cS-3 s203;2001 c27 s20

School building projects


204 Subject to section 205, a school jurisdiction may engage in a
school building project.
1988 cS-3.1 s191

Approval of project
205(1) When a school jurisdiction intends to carry out a school
building project, that school jurisdiction must obtain the approvals
required under the regulations from the Minister.

138
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Section 206 SCHOOL ACT Chapter S-3

(2) A school jurisdiction shall give to the Minister any information


concerning a school building project that the Minister requires in
order for the Minister to determine

(a) the necessity for the proposed school building project,


having regard to existing and available facilities, and

(b) the nature and suitability of the school building project.


RSA 2000 cS-3 s205;2001 c27 s20

Regulations
206 The Lieutenant Governor in Council may make regulations
respecting school buildings or school building projects.
1988 cS-3.1 s193

Part 8
Creation, Dissolution and Alteration
of Districts, Divisions and Boards
Division 1
Establishment and Dissolution of Public
School Districts and Divisions
Establishment of district
207(1) The Minister may establish any portion of Alberta as a
public school district.

(2) The order establishing a public school district shall describe the
boundaries of the district and give it a name and number in the
following form:

The __________________ School District No. ______.


1988 cS-3.1 s194

Establishment of division
208(1) The Minister may establish a school division consisting of
any number of public school districts.

(2) The order establishing a school division shall

(a) give the school division a name and number in the


following form:

The __________________ School Division No. ______

(b) divide the school division into no fewer than 3 wards, and

(c) give each ward a number.


1988 cS-3.1 s195;1993 c24 s18;1995 c27 s21

139
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Section 209 SCHOOL ACT Chapter S-3

Effect of establishment
209 When a school division is established,

(a) the boards of the public school districts included in the


school division are dissolved,

(b) all assets and liabilities of the boards of the public school
districts are transferred to the board of the school division,
and

(c) all employees of the boards of the public school districts


become employees of the board of the school division.
1988 cS-3.1 s196;1993 c24 s18

Rearrangement
210 The Minister may, in respect of a school division,

(a) include in an established school division one or more


public school districts;

(b) transfer a public school district included in one school


division to another school division;

(c) exclude from a school division any public school district


included in it;

(d) redivide a school division into wards.


1988 cS-3.1 s197;1993 c24 s18;1995 c27 s22

Effect on town or village


211 Notwithstanding anything in this Act, the formation within
any division of a town or village does not have the effect of
removing from the division any public school district wholly or
partially within the corporate limits of that town or village.
1988 cS-3.1 s198

Division 2
Establishment and Dissolution
of Separate School Districts
Definitions
212 In this Division,

(a) meeting means a meeting called under section 215;

(b) separate school elector means an individual who,

(i) in the case where a separate school district is not


established,

(A) is an elector of the public school district, and

140
RSA 2000
Section 213 SCHOOL ACT Chapter S-3

(B) is either of the Protestant or Roman Catholic


faith, whichever is the minority in the public
school district,

and

(ii) in the case where a separate school district is


established, is a Protestant or Roman Catholic, as the
case may be, and is an elector of that separate school
district.
1988 cS-3.1 s199

Right to establish separate schools


213 The separate school electors in any public school district
where a separate school district is not established may establish a
separate school district within that public school district in
accordance with this Division.
1988 cS-3.1 s200

Petition for establishment


214(1) Where no fewer than 3 of the separate school electors
referred to in section 213 wish to establish a separate school district
they shall prepare a petition in accordance with subsection (2).

(2) The petition for the establishment of a separate school district


shall

(a) be signed by at least 3 separate school electors, and

(b) be in the form prescribed by the Minister.


1988 cS-3.1 s201

Calling of meeting
215 When a petition meets the requirements of section 214(2), the
petitioners, if they wish to proceed with the establishment of a
separate school district, shall call a meeting of the separate school
electors for the purpose of taking a vote to determine whether the
separate school district should be established.
1988 cS-3.1 s202

Notice of meeting
216(1) The notice calling a meeting shall be in the form
prescribed by the Minister.

(2) The notice referred to in subsection (1) shall be

(a) posted in 5 or more conspicuous places in the proposed


separate school district for a period of at least 14 days
immediately prior to the date set out in the notice for the
public meeting,

141
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Section 217 SCHOOL ACT Chapter S-3

(b) published in a newspaper circulating within the proposed


separate school district once a week for at least 2 of the 3
weeks immediately prior to the week containing the date
set out in the notice for the public meeting, and

(c) served on the board of the public school district or


division within the boundaries of which the proposed
separate school district would be established at least 10
days prior to the date set out in the notice for the public
meeting.
1988 cS-3.1 s203;1990 c36 s47;1993 c24 s19

Conduct of meeting
217(1) The quorum for a meeting is 25% of the separate school
electors.

(2) A separate school elector who wishes to take part in and vote at
the meeting shall sign in the presence of 2 of the persons referred to
in section 214(2)(a) a declaration in the form prescribed by the
Minister stating that the elector is a separate school elector.

(3) The separate school electors present at the meeting shall elect
one of their number as chair of the meeting.

(4) The chair shall appoint a secretary of the meeting, who shall

(a) record the minutes of the meeting, and

(b) perform any other duties required of the secretary.

(5) A person who has not signed the declaration referred to in


subsection (2) is not entitled to take part in the meeting or vote at it
and the chair may require the person to leave.

(6) Notwithstanding subsection (5), an authorized representative of


the Minister is entitled to take part in the meeting but is not entitled
to vote.

(7) The chair shall vote on each question at the meeting.

(8) Subject to section 219(1), each question at the meeting shall


be decided by a majority of the votes validly cast, and in the case of
an equality of votes, the question shall be decided in the negative.

(9) Subject to subsection (12), voting may be carried out by a


show of hands or by poll.

(10) At the meeting, the chair, after the signing of the declaration
referred to in subsection (2), shall provide a period of time for
questions and discussion with respect to the proposed
establishment of the separate school district.

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Section 218 SCHOOL ACT Chapter S-3

(11) Immediately after the period for questions and discussion, but
not later than 180 minutes after the opening of the meeting, the
chair shall, if there is a quorum present, proceed to take a poll of
the votes of the separate school electors for and against the
establishment of the separate school district.

(12) The poll referred to in subsection (11) shall be taken by secret


ballot.

(13) The chair shall preside over the taking of the poll and the
secretary of the meeting shall act as the poll clerk.

(14) The poll shall remain open for one hour or any longer period
that the chair considers reasonable in the circumstances.

(15) At the end of the period referred to in subsection (14) the


chair shall

(a) declare the poll to be closed, and

(b) proceed to count the votes and to declare the result of the
poll.

(16) If the majority of the separate school electors who voted at the
meeting at which a quorum was present have voted against the
establishment of a separate school district, no petition for a separate
school district may be presented again until at least

(a) one year from the date of the meeting if less than 60% of
the persons voting voted against the establishment of a
separate school district, or

(b) 2 years from the date of the meeting if 60% or more of the
persons voting voted against the establishment of a
separate school district.
1988 cS-3.1 s204;1997 c25 s26

Notification to Minister
218 The chair of a meeting shall, within 10 days from the date of
the meeting, send to the Minister the following:

(a) a copy of the notice calling the meeting;

(b) proof, in the form the Minister requires, of the posting,


publication and service of the notice calling the meeting;

(c) a copy, in the form prescribed by the Minister, of the


minutes of the meeting;

(d) the declarations of the chair and the separate school


electors.
1988 cS-3.1 s205;1990 c36 s48;1993 c24 s20

143
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Section 219 SCHOOL ACT Chapter S-3

Establishment of district
219(1) Where the majority of the separate school electors present
at the meeting at which a quorum is present vote in favour of the
establishment of a separate school district, the Minister shall by
order establish the separate school district with the same
boundaries as those of the public school district.

(2) Where a meeting is called under section 215 but a quorum is


not present at the meeting, the petitioners may request the Minister
to conduct a plebiscite to determine whether a separate school
district should be established.

(3) If the Minister receives a request under subsection (2) and is of


the opinion that the circumstances are extraordinary, the Minister
may cause a plebiscite to be conducted.

(4) The question that the plebiscite shall determine is

Do you favour the establishment of a separate school


district with the same boundaries as The ____________
Public School District No._____?

(5) If the majority of the separate school electors who voted in the
plebiscite voted in favour of the establishment of a separate school
district, the petitioners or the person conducting the plebiscite shall
report that fact to the Minister.

(6) On receiving the report under subsection (5), the Minister shall
by order establish a separate school district with the same
boundaries as those of the public school district.
1988 cS-3.1 s206

Effect of establishment
220(1) The order establishing the separate school district shall
give it a name and number in the following form:

The _______________ Separate School District No.


______.

(2) An order made under subsection (1) becomes effective on the


date specified in the order.

(3) Notwithstanding section 44, when a separate school district is


established during a school year, the board of the public school
district within which the separate school district is established or
the board of the division if the public school district is within a
division shall, at the request of the board of the separate school
district, continue until the end of the school year to accept in its
school and on its school buses the resident students of the separate
school board.

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RSA 2000
Section 221 SCHOOL ACT Chapter S-3

(4) A board of a public school district or division that accepts the


resident students of a separate school board pursuant to subsection
(3) is entitled to receive from or on behalf of the board of the
separate school district, in proportion to the number of months in
the school year that the resident students of the board of the
separate school district are in the schools operated by the board of
the public school district, the requisitions, grants or other revenues
that the board of the public school district or division would have
received if the separate school district had not been established.

(5) Any dispute respecting the application of subsections (3) and


(4) must be referred to the Minister, whose decision is final and
binding on the parties to the dispute.

(6) Subject to Part 6, Division 2, after a separate school district is


established, a person residing within the boundaries of the separate
school district who is of the same faith as those who established
that district, whether Protestant or Roman Catholic, is a resident of
the separate school district and is not a resident of the public school
district.
1988 cS-3.1 s207

Dissolution
221(1) A board of a separate school district

(a) may pass a resolution requesting the Minister to dissolve


the separate school district, or

(b) may of its own volition or shall, if 25% of the separate


school electors of the separate school district petition the
board to dissolve the district, conduct a plebiscite to
determine whether the separate school district should be
dissolved.

(2) The board shall conduct a plebiscite not more than 60 days
after

(a) the date on which it resolves to conduct the plebiscite


under subsection (1), or

(b) the date of receipt of a petition referred to in subsection


(1)(b).

(3) The question that the plebiscite shall determine is

Do you favour the dissolution of The ________________


Separate School District No._____?

(4) If the majority of the separate school electors who voted in the
plebiscite have voted in favour of the dissolution of the separate
school district, the board shall report that fact to the Minister.

145
RSA 2000
Section 221.1 SCHOOL ACT Chapter S-3

(5) The Minister

(a) shall on receiving the report of a board made pursuant to


subsection (4), or

(b) may if there are no separate school electors or the


Minister receives a resolution under subsection (1)(a),

dissolve both the separate school district and the board of the
separate school district and, on that dissolution, the former separate
school district residents become residents of the public school
district or division within which they reside.
1988 cS-3.1 s208;1990 c36 s49

Division 2.1
Establishment of Separate
School Regions
Definition
221.1 In this Division, Region means a Separate School Region
established pursuant to section 221.2.
2001 c27 s21

Establishment of Separate School Region


221.2(1) The Minister may do one or both of the following by
order:

(a) establish any portion of Alberta as a Separate School


Region;

(b) provide for services by a separate school board in a


Separate School Region.

(2) The order establishing a Separate School Region must describe


the boundaries of the Region and give it a name and number in the
following form:

The Separate School Region No.

(3) A Region may only have one separate school board.

(4) The Minister may exclude any portion of Alberta from a


Region.
2001 c27 s21

Regulations
221.3 The Minister may make regulations

(a) respecting the consultation process that must be followed


in respect of the establishment of a new separate school

146
RSA 2000
Section 222 SCHOOL ACT Chapter S-3

district in a Region by separate school electors under


Division 2;

(b) providing for one or more means of settling disputes that


may arise between a separate school board and a public
school board as a result of a new separate school district
being established in a Region by separate school electors
under Division 2.
2001 c27 s21

Division 3
Establishment and Dissolution
of Regional Divisions
Regional agreements
222 In this Division, regional agreement means an agreement
respecting the establishment of a regional division and, subject to
this Act and the regulations, the operation of the board of the
regional division, including, but not limited to,

(a) the appointment of the first trustees of the board;

(b) the establishment of the number of trustees to be elected


in each ward;

(c) the transfer of employees.


1993 c24 s21

Establishment of regional division


223(1) Subject to section 224, the Minister may establish a
regional division consisting of 2 or more districts, divisions or
other areas governed by boards.

(2) The order establishing a regional division shall give the


regional division a name and number in the following form:

The Regional Division No.

(3) The Minister, in accordance with the regional agreement, may


appoint the first trustees of the board of the regional division.

(4) The trustees appointed under subsection (3) hold office until
the first organizational meeting of the board of the regional
division held after the first general election held after the regional
division is established.

(5) A regional agreement is binding in accordance with its terms


on the board of the regional division.
1993 c24 s21;1995 c24 s99(31)

147
RSA 2000
Section 224 SCHOOL ACT Chapter S-3

Bylaws
224(1) The Minister shall not establish a regional division unless
all of the boards have entered into a regional agreement approved
by the Minister and have passed the bylaw referred to in subsection
(2).

(2) Each board that enters into a regional agreement must pass a
bylaw that approves the establishment of the regional division and
the inclusion of its area in the regional division.

(3) Subject to subsection (4), each board that enters into the
regional agreement may pass a bylaw that divides the ward that
was the district, division or other area into electoral subdivisions.

(4) The number of trustees to be elected in each electoral


subdivision must, if practicable, be in the same proportion to the
number of trustees to be elected from the ward as the population of
the electoral subdivision is to the population of the ward.

(5) A bylaw made under subsection (2) or (3) is binding in


accordance with its terms on the board of the regional division.

(6) Subject to section 262, a bylaw made under subsection (3) may
be amended by the board of the regional division if the amendment
is required by the application of subsection (4).
1993 c24 s21;1995 c24 s99(31);1995 c27 s23

Lieutenant Governor in Council order


225(1) Notwithstanding sections 223 and 224, the Lieutenant
Governor in Council may, by order, establish a regional division

(a) consisting of 2 or more separate school districts or


regional divisions that originally consisted of separate
school districts, or

(b) consisting of 2 or more public school districts or divisions


or other areas governed by boards that originally consisted
of areas that are not referred to in clause (a).

(2) An order under subsection (1) may deal with any matter and
include any term or condition that the Lieutenant Governor in
Council considers necessary.

(3) An order under subsection (1) applies as if it were a regional


agreement.

(4) Sections 228 to 235 do not apply to a regional division


established under subsection (1).
1994 c29 s63;1995 c24 s99(31);1998 c27 s3

148
RSA 2000
Section 226 SCHOOL ACT Chapter S-3

Election of trustees
226(1) In a regional division,

(a) subject to clause (b), each of the districts, divisions or


other areas governed by a board before the regional
division was established is one ward in the regional
division, and

(b) where an area governed by a board before the regional


division was established was itself a regional division that
consisted of wards, each of those wards is one ward in the
regional division.

(2) The board of a regional division shall by bylaw and in


accordance with the regional agreement and this section establish
the wards and provide for the nomination and election of trustees in
the wards before the first general election is held after the board is
established.

(3) The number of trustees to be elected in each ward must, if


practicable, be in the same proportion to the total number of
trustees of the board of the regional division as the population of
the ward is to the population of the regional division.

(4) Subject to section 262, a bylaw made under subsection (2) may
be amended by the board of the regional division if the amendment
is required by the application of subsection (3).
1993 c24 s21;1995 c24 s99(31);1995 c27 s24;1997 c25 s27

Effect of establishment
227 When a regional division is established, in accordance with
the regional agreement,

(a) the boards of all the areas included in the regional division
are dissolved, and

(b) assets and liabilities are transferred to the board of the


regional division.
1993 c24 s21

Petition for plebiscite to withdraw ward from regional division


228(1) Not less than 4 years after the establishment of a regional
division, the electors residing in a ward in the regional division
may, for the purpose set out in subsection (2), petition the board of
the regional division to provide for a plebiscite to determine
whether the ward should be withdrawn from the regional division.

(2) When a ward is withdrawn from a regional division as a result


of a successful plebiscite, all land in the ward must be added to a
district or division in accordance with section 232 or 233.

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RSA 2000
Section 229 SCHOOL ACT Chapter S-3

(3) The petition must be signed in accordance with the regulations


and forwarded to the secretary of the board, and a copy of the
petition must be forwarded to the Minister.

(4) If the petition complies with subsections (1) and (3) and is
determined under Part 10 to be a sufficient petition, the board shall

(a) provide for a plebiscite to be conducted in the ward at the


next general election in accordance with the regulations,
and

(b) specify the questions, in accordance with the regulations,


that are to be determined by the plebiscite.
1993 c24 s21;1995 c24 s99(31);1998 c27 s4

Elected ward representatives


229(1) The plebiscite must provide for the election of 3
individuals

(a) who are residents of the ward, and

(b) each of whom has been nominated by at least 5


individuals who are eligible to vote in the ward

to represent the ward pursuant to section 231.

(2) The elected ward representatives shall make decisions on the


basis of a majority vote.

(3) The board of the original regional division shall pay reasonable
expenses to the elected ward representatives to enable them to
carry out their duties.

(4) In this section and in sections 230 to 234, original regional


division means the regional division that a ward is part of at the
time the electors in that ward present a petition under section
228(1).
1998 c27 s4

Vote against withdrawal of ward


230 If a majority of the electors who vote in the plebiscite do not
vote in favour of withdrawing the ward from the original regional
division,

(a) the ward must remain within the original regional


division, and

(b) no further petition relating to the withdrawal of that ward


may be presented under section 228(1) until after the
expiry of 6 years following the date on which the board
received the petition that initiated the plebiscite.
1998 c27 s4

150
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Section 231 SCHOOL ACT Chapter S-3

Vote in favour of withdrawal of ward


231(1) If a majority of the electors who vote in the plebiscite vote
in favour of withdrawing the ward from the original regional
division, the elected ward representatives shall negotiate with the
board of a district or division for the purpose of adding all land in
the ward to that district or division in accordance with section 232
or 233.

(2) Where the negotiations are with the board of a regional


division, the elected ward representatives may enter into the
agreement referred to in section 232 on behalf of the board of the
original regional division.
1998 c27 s4

Addition of ward to another regional division


232(1) If as a result of negotiations an agreement has been entered
into relating to the addition of the ward to a regional division and
the regional division proposed as the recipient of the ward has
passed a resolution approving the addition of the ward to that
regional division, the Minister shall, by order,

(a) take all land in the ward out of the original regional
division,

(b) add all land in the ward to the regional division proposed
as the recipient of the ward,

(c) if requested, provide that the ward continues to have the


status of a ward,

(d) if necessary, vary in accordance with the principle set out


in section 226(3), the number of trustees to be elected for
the whole of the regional division and appoint additional
interim trustees to represent the ward, who hold office
until the first organizational meeting of the board of the
regional division held after the first general election
following their appointment, and

(e) deal with any other matter that the Minister considers
necessary respecting or resulting from the addition of the
ward to the regional division.

(2) The addition of a ward to a regional division under subsection


(1) takes effect on September 1 of the year following the year in
which the plebiscite is held unless the Minister orders otherwise.
1998 c27 s4

Addition of ward to district or school division


233(1) If as a result of negotiations the elected ward
representatives request the Minister to add the ward to a district or
school division and the district or school division proposed as the

151
RSA 2000
Section 234 SCHOOL ACT Chapter S-3

recipient of the ward has passed a resolution approving the addition


of the ward to that district or school division, the Minister shall, by
order,

(a) take all land in the ward out of the original regional
division,

(b) add all land in the ward to the district or school division
proposed as the recipient of the ward,

(c) if the Minister considers it appropriate, appoint additional


interim trustees to represent the ward, who hold office
until the first organizational meeting of the board of the
district or school division held after the first general
election following their appointment, and

(d) deal with any other matter that the Minister considers
necessary respecting or resulting from the addition of the
ward to the district or school division.

(2) The addition of a ward to a district or school division under


subsection (1) takes effect on September 1 of the year following the
year in which the plebiscite is held unless the Minister orders
otherwise.
1998 c27 s4

Failure of negotiations
234 If by April 30 of the year following the year in which the
plebiscite is held the elected ward representatives

(a) in a case to which section 232 applies, fail to provide a


copy of the signed agreement and a copy of the resolution
to the Minister, or

(b) in a case to which section 233 applies, fail to make the


request to the Minister and to provide a copy of the
resolution to the Minister,

then the ward must remain within the original regional division and
no further petition relating to the withdrawal of that ward may be
presented under section 228(1) until after the expiry of 6 years
following the date on which the board received the petition that
initiated the plebiscite.
1998 c27 s4

Regulations
235 The Minister may make regulations respecting petitions and
plebiscites for the purposes of sections 228 to 234.
1998 c27 s4

152
RSA 2000
Section 236 SCHOOL ACT Chapter S-3

Regional divisions consisting of former counties


or Town of Devon
236(1) This section applies to regional divisions

(a) that were established before May 17, 1995, and

(b) whose boundaries at the time of their establishment


included one or more counties or the Town of Devon.

(2) The establishment of the regional divisions and their boards is


confirmed, and this Act continues to apply to the regional divisions
and their boards.

(3) Section 224(3) to (6) apply to the council of the Town of


Devon and the council of a municipal district that was formerly a
county whose area is included in a regional division.

(4) In a regional division, each area governed by a board of


education before the regional division was established is one ward
in the regional division.
1995 c24 s99(31);1997 c25 s28

Conversion of regional division to school division


237(1) The board of a regional division composed wholly of one
or more public divisions, public school districts or areas that were
defined as counties in the County Act, RSA 1980 cC-27, may by
bylaw request the Minister to convert the regional division to a
school division.

(2) On receipt of a bylaw under subsection (1), the Minister may


establish the regional division as a school division in accordance
with section 208.

(3) When a school division is established by reason of the


operation of subsection (2),

(a) the board of the regional division is dissolved,

(b) all assets and liabilities of the board of the regional


division are transferred to the board of the school division,
and

(c) all employees of the board of the regional division


become employees of the school division.

(4) The Minister shall appoint the first trustees for each of the
wards into which the school division is divided.

(5) The trustees appointed under subsection (4) hold office until
the first organizational meeting of the board of the school division

153
RSA 2000
Section 238 SCHOOL ACT Chapter S-3

held after the first general election following the establishment of


the school division.
1997 c25 s29;1998 c27 s5

Division 4
Boundaries and Alterations
Alteration of name or number
238(1) The Minister may by order alter the name or number of a
district or division or the number of a ward.

(2) If a name or number is altered under subsection (1), the seal


previously used by the board shall continue to be its seal until it is
changed by the board.

(3) Any change in the name or number, or both, of a district or


division does not affect any obligations incurred, acts done or
property acquired prior to the change.
1988 cS-3.1 s209;1995 c27 s25

Addition of land
239(1) The Minister may, by order,

(a) add land to or take land from a district or a division, and

(b) divide a district or division into 2 or more districts or


divisions.

(2) If all the land included in a district or a division has been taken
from it, the district is deemed to be dissolved.
1988 cS-3.1 s210;1994 c29 s64;1995 c24 s99(31)

Dissolution by Minister
240(1) The Minister may by order declare that any district or
division is dissolved and on the Minister so ordering

(a) the board of the district or division is dissolved and ceases


to have any of the rights, powers and privileges vested in
it by this or any other Act, and

(b) the district or division ceases to exist.

(2) If land in a dissolved district or division is added to another


district or division under section 239, the Minister may

(a) increase the number of trustees of the board of the district


or division to which the land is added, and

(b) appoint one or more persons as trustees to the board.

154
RSA 2000
Section 241 SCHOOL ACT Chapter S-3

(3) A trustee appointed to a board under subsection (2) holds


office until the first organizational meeting of the board held after
the first general election held after the appointment.

(4) A board of a district or division referred to in subsection (2)(a)


that has passed a bylaw under section 262(1) shall amend the bylaw
to provide for the representation of the area added to the district or
division.
1988 cS-3.1 s211;1994 c29 s65

Adjustment of assets and liabilities


241 On

(a) any inclusion, exclusion, dissolution or transfer of land or


districts, or

(b) the formation of a district,

the Minister, if the Minister considers any adjustment of assets and


liabilities necessary, shall in the same or a subsequent order give
directions with respect to the assets and liabilities of any board
affected by the inclusion, exclusion, dissolution, transfer or
formation, and those directions are binding on the board.
1988 cS-3.1 s212

Transfer of teachers
242(1) If, as a result of a transfer of land or of districts by an order
of the Minister, resident students of a board come under the
jurisdiction of another board, the board to which jurisdiction is
given shall select the proportion of the teachers of the board from
which jurisdiction is taken that the number of students transferred
to the board to which jurisdiction is given bears to the total number
of resident students of the board from which jurisdiction is taken.

(2) The teachers selected by the board under subsection (1) may
choose to become employees of the board to which jurisdiction is
given.

(3) Where a teacher chooses under subsection (2) to become an


employee of the board to which jurisdiction is given, that teacher
shall

(a) be paid by the board to which the teacher is transferred a


salary in the same amount as the teacher was paid by the
board from which the teacher was transferred, and

(b) continue to be paid that salary until

(i) the expiry date of the contract between the board


formerly having jurisdiction and the teacher, or

155
RSA 2000
Section 243 SCHOOL ACT Chapter S-3

(ii) the contract is terminated in accordance with this


Act,

whichever occurs first.


1988 cS-3.1 s213

Publication of order
243 Every order of the Minister with respect to the establishment,
boundaries, names, dissolution or disposal of assets and liabilities
of a board or of a district or division must be published in The
Alberta Gazette.
1988 cS-3.1 s214

Boundaries
244(1) When a district or division is described in whole or in part
in an order establishing it as consisting of certain townships, parts
of townships, sections or parts of sections, the boundary line of the
district or division, unless it is otherwise expressly set out in the
order, is

(a) subject to clause (b), the side of the road allowance


between adjoining sections or townships on which the
survey monuments or posts are placed, and

(b) in the case of correction lines, the south side of the road.

(2) Any road allowance between either an Indian reserve or a


forest reserve and a district or division is deemed to be in the
district or division, notwithstanding anything in this Act to the
contrary.

(3) All road allowances within the boundaries of the district or


division are deemed to be in the district or division.

(4) Unless otherwise stated in an order establishing a district or


division, if a part of the boundary of a district or division is
described as being a certain river or other waterway, the
downstream right bank is the boundary.
1988 cS-3.1 s215

Restriction re alteration of boundaries


245 When a district or division has debenture indebtedness
outstanding, no alteration in its boundaries shall be made that
prejudicially affects the right or security of the holders of the
debentures without due provision being made for the protection of
the holders of the debentures.
1988 cS-3.1 s216

156
RSA 2000
Section 246 SCHOOL ACT Chapter S-3

Division 5
Board of Trustees
Establishment
246(1) For each public school district not included in a division,
the Minister shall by order establish a board and the members of
the board are a corporation under the name of:

The Board of Trustees of ____________________ School


District No._____.

(2) For each separate school district not included in a division,


there shall be a board and the members of the board are a
corporation under the name of:

The Board of Trustees of _______________ Separate


School District No._____.

(3) For each school division, the Minister shall by order establish a
board and the members of the board are a corporation under the
name of:

The Board of Trustees of _____________________


School Division No._____.

(4) For each regional division, the Minister shall by order establish
a board and the members of the board are a corporation under the
name of:

The Board of Trustees of

Regional Division No.

1988 cS-3.1 s217;1993 c24 s22

Number of trustees
247(1) The Minister shall specify for each board the number of
trustees, being no fewer than 3, to be elected to the board.

(2) For each ward within a school division, the Minister shall
specify the number of trustees to be elected in the ward.

(3) The Minister may vary the number of trustees to be elected for
each division, district or ward.
1988 cS-3.1 s218;1993 c24 s23;1995 c27 s26

Change of name
248 A board of trustees may, by resolution, change its corporate
name to another name that is approved by the Minister.
1988 cS-3.1 s219

157
RSA 2000
Section 249 SCHOOL ACT Chapter S-3

Failure to elect trustee, etc.


249(1) If a trustee is not elected or an appointment that is required
to be made by this Act is not made, the Minister may

(a) appoint a person as a trustee or appoint a person to the


position, or

(b) in the case of an elected position, direct that an election be


held to fill the vacancy.

(2) A person appointed by the Minister under subsection (1) is in


the same position as the person would have been had the person
been elected or appointed under any other provision of this Act.
1988 cS-3.1 s220

Resignations
250(1) A trustee may resign by submitting the trustees written
resignation to the secretary of the board, and the trustee ceases to
hold office at the meeting of the board at which the trustees
resignation is submitted.

(2) If all the trustees of a board wish to resign at the same time,
they may resign by transmitting to the Minister a notice in writing
to that effect, and their resignation is effective on the date on which
their successors are elected or appointed.

(3) The chair of a board may resign the position as chair while
retaining the chairs seat on the board.
1988 cS-3.1 s221

Filling vacancies
251(1) If a vacancy occurs on a board of 6 or more trustees, the
board shall make provision to fill the vacancy by holding a
by-election.

(2) Notwithstanding subsection (1),

(a) during the 2-year period immediately following a general


election, a by-election need not be held if there is only one
vacancy on the board, and

(b) during the 3rd year following a general election, a


by-election need not be held unless the number of
vacancies on the board reduces the board to a number that
is less than the quorum of the board plus one.

(3) When the Minister increases the number of trustees on a board,


the board shall make provision to fill the new vacancies by holding
a by-election unless the increase is made in the 3rd year following
a general election.

158
RSA 2000
Section 252 SCHOOL ACT Chapter S-3

(4) If a board consists of 5 trustees or fewer, the board shall


provide for the filling of all vacancies that occur prior to the last 6
months of the term by holding a by-election.
1988 cS-3.1 s222

Official trustee
252 When

(a) an official trustee has been appointed under this Act to


conduct the affairs and business of a board, and

(b) the Minister considers that the official trustee has


completed the official trustees duties,

the Minister may direct the official trustee to hold a by-election to


fill the vacancies on the board.
1988 cS-3.1 s223;1994 cG-8.5 s68

Part 9
Establishment and Dissolution of
Francophone Education Regions
Definitions
252.1 In this Part,

(a) public school means a school designated as a public


school by a Regional authority under section 255.3;

(b) public school elector means an individual described in


section 256(1) other than a separate school elector;

(c) public school member means an individual who is


appointed or elected as a public school member of a
Regional authority;

(d) Regional authority, except in sections 255(2) and 255.3,


includes a Public Regional authority and a Separate
Regional authority established under section 255.1;

(e) separate school means a school designated as a separate


school by a Regional authority under section 255.3;

(f) separate school elector means an individual described in


section 256(1) who is of the same faith, whether
Protestant or Roman Catholic, as the minority of all
individuals living within the boundaries of a Region as
determined by the Minister under section 253.1;

159
RSA 2000
Section 253 SCHOOL ACT Chapter S-3

(g) separate school member means an individual who is


appointed or elected as a separate school member of a
Regional authority.
2001 c27 s22;2004 c30 s5

Establishment of Region
253(1) The Minister may establish any portion of Alberta as a
Francophone Education Region.

(2) The order establishing a Francophone Education Region shall


describe the boundaries of the Region and give it a name and
number in the following form:

The Francophone Education Region No.


1993 c24 s24

Minority in Region
253.1 For the purposes of this Part, the Minister may by order
determine for each Region, on evidence satisfactory to the
Minister, whether the Protestant or Roman Catholic faith is the
faith of the minority of all individuals living within the boundaries
of the Region.
2001 c27 s23

Effect of establishment
254 The establishment of a Francophone Education Region does
not affect a public school district or division or a separate school
district established in respect of all or part of the portion of Alberta
in which the Francophone Education Region is established.
1993 c24 s24

Regional authority
255(1) The Minister may by order establish a Regional authority
for a Region, and the members of the Regional authority are a
corporation under the name of:

The Regional authority of Francophone Education Region


No. ____

(2) A Regional authority must be composed of at least 3 members


and not more than 7 members.

(2.1) Subject to subsection (2.2), the number of public school


members of a Regional authority must, if practicable, be in the
same proportion to the total number of members of the Regional
authority as the total number of public school electors in the
Region is to the combined total number of public school electors
and separate school electors in the Region.

(2.2) A Regional authority must have at least one public school


member and at least one separate school member.

160
RSA 2000
Section 255.1 SCHOOL ACT Chapter S-3

(2.3) The Minister may appoint the first members of a Regional


authority.

(3) Members of a Regional authority appointed under subsection


(2.3) hold office until the first organizational meeting of the
Regional authority held after the first general election held after the
Regional authority is established.

(4) The board of a district or division required by the Minister to


do so must enter into an agreement with the Regional authority
respecting any matter the Minister considers necessary, including,
but not limited to, dealing with assets and liabilities and the transfer
of employees.

(5) If a board referred to in subsection (4) and the Regional


authority do not enter into an agreement under subsection (4)
within a period that the Minister considers reasonable, the Minister
may make an order respecting any matter the Minister considers
necessary.
RSA 2000 cS-3 s255;2001 c27 s24

Public and Separate Regional authorities


255.1(1) If, within a Region, the public school electors exceed
30% of all public school electors and separate school electors and
there are at least 500 students registered in the public schools, the
Minister may dissolve the existing Regional authority and establish
both a Public Regional authority and a Separate Regional authority.

(2) The members of the Public Regional authority established


under subsection (1) are a corporation under the name of:

The Regional authority of Public Francophone


Education Region No.

(3) The members of the Separate Regional authority established


under subsection (1) are a corporation under the name of:

The Regional authority of Separate Francophone


Education Region No.

(4) A Public Regional authority must be composed of at least 3


members, all of whom must be public school members.

(5) A Separate Regional authority must be composed of at least 3


members, all of whom must be separate school members.
2001 c27 s25

Transitional
255.2(1) In this section, amending Act means the School
Amendment Act, 2001.

161
RSA 2000
Section 255.3 SCHOOL ACT Chapter S-3

(2) The members of a Regional authority established before the


coming into force of sections 22 to 27 of the amending Act
continue as members of the Regional authority until the next
election of its members.

(3) The Regional authority of the Greater Southern Public


Francophone Education Region No. 4 established before the
coming into force of sections 22 to 27 of the amending Act is
continued and deemed to be established as a Public Regional
authority.

(4) The Regional authority of the Greater Southern Separate


Catholic Francophone Education Region No. 4 established before
the coming into force of sections 22 to 27 of the amending Act is
continued and deemed to be established as a Separate Regional
authority.

(5) Notwithstanding section 256(1.1), a separate school elector


who has a child enrolled in a public school in the Greater Southern
Public Francophone Region No. 4 may vote for a candidate who is
standing for election as a public school member.
2001 c27 s25

Designation of schools
255.3 A Regional authority must designate each school either as
a public school or as a separate school.
2001 c27 s25

Separate school members


255.4 The separate school members of a Regional authority are a
corporation under the name of:

The Separate School Members of the Regional authority of


Francophone Education Region No. .
2001 c27 s25

Responsibility and authority of Regional authority


255.5(1) Subject to subsections (2) and (3), a Regional authority
has the responsibility and authority to ensure that both minority
language educational rights and the rights and privileges with
respect to separate schools guaranteed under the Constitution of
Canada are protected in the Region.

(2) Subject to subsection (3), the separate school members of a


Regional authority have the responsibility and authority to ensure
that the rights and privileges with respect to separate schools
guaranteed under the Constitution of Canada are protected in the
Region.

162
RSA 2000
Section 256 SCHOOL ACT Chapter S-3

(3) If a Public Regional authority and a Separate Regional


authority are established under section 255.1 or continued under
section 255.2,

(a) the Public Regional authority has the responsibility and


authority to ensure that minority language educational
rights guaranteed under the Constitution of Canada are
protected in the Region, and

(b) the Separate Regional authority has the responsibility and


authority to ensure that both minority language
educational rights and the rights and privileges with
respect to separate schools guaranteed under the
Constitution of Canada are protected in the Region.
2001 c27 s25

Electors for Region


256(1) For the purposes of this Act and the Local Authorities
Election Act, an individual is eligible to vote in an election of
members of a Regional authority if

(a) the individual

(i) is a Francophone,

(ii) has a child who is enrolled in a school operated by


the Regional authority,

(iii) is 18 years of age or older,

(iv) is a Canadian citizen, and

(v) has been a resident of Alberta for the 6 consecutive


months immediately preceding election day,

or

(b) the individual is a member of a class of individuals


prescribed by the Lieutenant Governor in Council as
being eligible to vote.

(1.1) In addition to the requirements of subsection (1),

(a) an individual who is a separate school elector may only


vote for a candidate who is standing for election as a
separate school member, and

(b) an individual who is a public school elector may only vote


for a candidate who is standing for election as a public
school member.

163
RSA 2000
Section 257 SCHOOL ACT Chapter S-3

(2) For the purposes of this Act and the Local Authorities Election
Act, and notwithstanding section 21 of the Local Authorities
Election Act, an individual who may vote in an election of
members of a Regional authority may

(a) in the case of a separate school elector, nominate an


individual as a candidate to stand for election as a separate
school member, and

(b) in the case of a public school elector, nominate an


individual as a candidate to stand for election as a public
school member.

(3) For the purposes of this Act and the Local Authorities Election
Act, an individual is eligible to be elected as a member of a
Regional authority if the individual

(a) is 18 years of age or older,

(b) is a Canadian citizen,

(c) has been a resident of Alberta for the 6 consecutive


months immediately preceding nomination day, and

(d) is not otherwise ineligible under the Local Authorities


Election Act.

(3.1) In addition to the requirements of subsection (3), an


individual standing as a candidate for election

(a) as a separate school member must be of the same faith,


whether Protestant or Roman Catholic, as the minority of
all individuals living within the boundaries of the Region
as determined by the Minister under section 253.1, and

(b) as a public school member may not be of the same faith,


whether Protestant or Roman Catholic, as the minority of
all individuals living within the boundaries of the Region
as determined by the Minister under section 253.1.

(4) A person who is eligible to vote in an election for a board other


than a Regional authority and in an election for a Regional
authority may exercise the right to vote in both elections.

(5) A person may be a member of only one of a Regional authority


or a board at any particular time.
RSA 2000 cS-3 s256;2001 c27 s26

Dissolution of Regional authority


257(1) A Regional authority may pass a resolution requesting the
Minister to dissolve the Regional authority.

164
RSA 2000
Section 261 SCHOOL ACT Chapter S-3

(2) The Minister, subject to any terms or conditions the Minister


imposes, may dissolve a Regional authority whether or not the
Minister receives a resolution requesting the dissolution.

(3) If on the dissolution of a Regional authority the Minister


considers an adjustment of assets or liabilities to be necessary, the
Minister shall, by order, give directions with respect to the assets or
liabilities of the Regional authority.
1993 c24 s24

258 to 260 Repealed 2001 c27 s27.

Part 10
General
Procedure for elections, etc.
261 All

(a) general elections, by-elections, polls and plebiscites,

(b) votes on bylaws or money bylaws, and

(c) votes on any other matter or question

held pursuant to this Act are to be governed by this Act and the
Local Authorities Election Act.
1988 cS-3.1 s224

Election for trustees


262(1) The board of a district, with the approval of the Minister,
may by bylaw

(a) provide for the nomination and election of trustees by


wards and determine the boundaries of the wards, or

(b) provide for the election of trustees by the general vote of


the electors.

(2) If the board of a school district that is situated wholly within a


municipality with a population of no fewer than 300 000
individuals has not passed a bylaw providing for the nomination
and election of trustees by wards before March 1 in a year in which
a general election is to be held, the Minister, by order and before
April 1 in that year, may

(a) direct that the nomination and election of trustees of that


board be by wards, and

165
RSA 2000
Section 262 SCHOOL ACT Chapter S-3

(b) determine the boundaries of the wards.

(3) An order under subsection (2) applies to the general election


next following the making of the order notwithstanding any bylaw
made by the board and to each following election until the Minister
approves a bylaw of the board under subsection (1).

(4) Subject to subsections (2) and (3), a bylaw passed under


subsection (1) or any bylaw that amends, revokes or replaces it

(a) does not apply to the general election next following the
passing of the bylaw unless it is passed before March 1 in
the year in which that general election is held, and

(b) does not apply to or affect the composition of the board


until the date of the next general election to which the
bylaw applies.

(5) The board of a division, with the approval of the Minister, may
by bylaw

(a) amend or replace a bylaw providing for the nomination


and election of trustees by wards or electoral subdivisions,
as the case may be, or

(b) provide for the nomination and election of trustees by


wards or electoral subdivisions, as the case may be.

(6) A bylaw passed under subsection (5) or any bylaw that amends
or replaces it

(a) does not apply to the general election next following the
passing of the bylaw unless it is passed before March 1 in
the year in which that general election is held, and

(b) does not apply to or affect the composition of the board


until the date of the next general election to which the
bylaw applies.

(7) A bylaw passed under this section shall, if practicable, provide


that the number of trustees to be elected in each ward is in the same
proportion to the total number of trustees of the board as the
population of the ward is to the population of the district or
division, as the case may be.

(8) The Minister may make regulations

(a) respecting the nomination and election of trustees by


wards;

(b) respecting the partition of a district or division into wards.


1988 cS-3.1 s225;1995 c27 s27;1997 c25 s31

166
RSA 2000
Section 263 SCHOOL ACT Chapter S-3

Petition
263(1) When this Act provides for the doing of anything by
petition or an elector desires to present a petition to a board or the
Minister, the petition shall comply with the following:

(a) each page of the petition shall contain an accurate and


identical statement of the purpose of the petition;

(b) each signature on the petition must be witnessed by an


elector;

(c) the postal address of each signatory to the petition must be


set out opposite the signatorys signature.

(2) The elector who acted as a witness referred to in subsection


(1)(b) shall swear an affidavit that to the best of the electors
knowledge and belief the persons whose signatures the elector has
witnessed are eligible to vote at an election for trustees to the
board.

(3) There must be attached to every petition a statement signed by


an elector stating that

(a) the elector represents the petitioners, and

(b) the elector is the person to whom a board may direct any
inquiries with respect to the petition.

(4) In determining the number of petitioners on a petition there


shall be excluded the names of the following persons:

(a) a person whose signature appears on a page of the petition


that does not contain an accurate statement of the purpose
of the petition identical to the statement contained on all
the other pages of the petition;

(b) a person whose signature is not witnessed;

(c) a person whose address is not set out or is incorrectly set


out;

(d) a person who is not an elector.

(5) No name may be removed from a petition after it has been


received by a board or the Minister.
1988 cS-3.1 s226

Presentation of petition to board


264 When the petitioners wish to present a petition to a board,
they shall do so by filing the petition with the secretary of the
board.
1988 cS-3.1 s227

167
RSA 2000
Section 265 SCHOOL ACT Chapter S-3

Determination of a petitions sufficiency


265 When a petition is filed with the secretary of the board, the
secretary shall

(a) determine the number of petitioners that have signed the


petition,

(b) determine whether the petition meets the requirements of


section 263, and

(c) having made the secretarys determinations under clauses


(a) and (b), declare the results of the secretarys
determination.
1988 cS-3.1 s228

Insufficiency of a petition
266 If a petition is found under section 265 to be insufficient, the
board shall proceed as if the petition had not been presented to the
board.
1988 cS-3.1 s229

Appeal re insufficiency
267(1) Where it is determined that a petition is insufficient, the
petitioners may appeal the determination to the Court of Queens
Bench by application.

(2) An appeal under subsection (1) must be commenced within 14


days from the date that the secretary of the board made the
secretarys declaration under section 265(c).

(3) If on hearing the appeal the Court considers that the petition is
sufficient, the board shall proceed as if the petition had been
declared sufficient by the secretary of the board.
RSA 2000 cS-3 s267;2009 c53 s168

Petition calling for vote


268 For the purposes of requiring a question to be submitted to a
vote referred to in section 198, the petition must be signed by at
least

(a) the lesser of

(i) 5000 electors, and

(ii) the number of electors that is equal to 10% of the


number of resident students of the board,

in a district or division having 5000 or more resident


students,

(b) the lesser of

168
RSA 2000
Section 269 SCHOOL ACT Chapter S-3

(i) 500 electors, and

(ii) the number of electors that is equal to 25% of the


number of resident students of the board,

in a district or division having fewer than 5000 but 1000


or more resident students, or

(c) the lesser of

(i) 250 electors, and

(ii) the number of electors that is equal to 40% of the


number of resident students of the board,

in a district or division having fewer than 1000 resident


students.
1988 cS-3.1 s231;1995 c27 s28

Petition calling for public meeting


269(1) When a board of a district situated wholly or partly within
the boundaries of a city receives a petition calling for a public
meeting that is signed

(a) by 25% of the parents, who are also electors, of the


students in a school, or

(b) by the lesser of

(i) 2000 electors, and

(ii) 25% of the electors,

the board shall within 21 days from the date that it receives the
petition publish notice of the public meeting to be held under this
section in accordance with section 270.

(2) When a board, other than a board of a district referred to in


subsection (1), receives a petition calling for a public meeting
signed

(a) by 100 electors, or

(b) by a majority of the electors,

whichever is the lesser, the board shall within 21 days from the
date that it receives the petition publish notice of the public
meeting to be held under this section in accordance with section
270.

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Section 270 SCHOOL ACT Chapter S-3

(3) A board shall direct one or more persons to attend the public
meeting held pursuant to this section, as representatives of the
board.

(4) The public meeting shall be held within 90 days from the day
on which the board receives the petition.

(5) At a public meeting held under this section, the electors present
may

(a) elect 4 persons to a committee, and

(b) by resolution of the meeting, identify the areas of concern,


related to the purpose stated in the petition, that are to be
studied by the committee.

(6) The board shall name 2 representatives to any committee


established by a public meeting held under this section.

(7) Within 30 days from the date of the establishment of a


committee under this section, the committee shall make
recommendations to the board respecting the areas of concern
identified in the public meeting at which the committee was
established.

(8) Within 30 days from the date of receipt of the


recommendations under subsection (7), the board shall

(a) hold a meeting of the board, and

(b) permit the committee to make representations with respect


to its recommendations.
1988 cS-3.1 s232;1990 c36 s50

Notice of public meetings


270 Notice of a public meeting under section 269, including the
date, time, place and purpose of the meeting, shall be given in at
least 2 of the following ways:

(a) by mailing to the electors of the district or division a


notice in the form prescribed by the Minister at least 14
days prior to the date of the meeting;

(b) by posting in 5 or more conspicuous places to which the


public has normal and regular access, not later than the
8th day prior to the date of the meeting, a notice in the
form prescribed by the Minister;

(c) by publishing a notice in the form prescribed by the


Minister in a newspaper circulating within the district or
division at least once a week for 2 weeks, the last of

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RSA 2000
Section 271 SCHOOL ACT Chapter S-3

which shall be no fewer than 8 days prior to the date of


the meeting;

(d) by an announcement on at least 3 consecutive days during


the 8 days immediately preceding the date of the meeting
that is broadcast

(i) by a radio station serving the district or division,


between the hours of 7 a.m. and 9 a.m. or 5 p.m. and
11 p.m., or

(ii) by a television station serving the district or division,


between the hours of 5 p.m. and 11 p.m.
1988 cS-3.1 s233

Public notice
271(1) Subject to this Act, when public notice, other than notice
of a public meeting under section 269, is required to be given under
this Act, the notice shall be given

(a) by posting it in 5 or more conspicuous places to which the


public has normal and regular access, and

(b) by publishing it, at the same time the notice is posted, in a


newspaper circulating within the district or division at
least once a week for 2 weeks.

(2) A notice given under this section shall be in a form prescribed


by the Minister.
1988 cS-3.1 s234

Alteration of time limits


272(1) If anything

(a) is to be done by a person, a board or an employee of a


board within a number of days or at a time fixed by or
under this Act, and

(b) cannot be or is not so done,

the Minister may, by order, appoint a further or other time for


doing the thing.

(2) An order may be made under subsection (1) notwithstanding


that the time at or within which the thing ought to have been done
has or has not arrived or expired, as the case may be.

(3) Anything done at or within the time specified in the order made
under subsection (1) is as valid as if it had been done at or within
the time fixed by or under this Act.

(4) When
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RSA 2000
Section 273 SCHOOL ACT Chapter S-3

(a) a certain day is fixed on or by which certain things are to


be done or proceedings taken, and

(b) it appears that the date was fixed having regard to an


earlier fixed date on or by which certain other things are
to be done or proceedings taken,

then, notwithstanding anything in this Act, if default is made in


respect of the earlier date, a like delay is allowed in respect of the
later date.

(5) This section does not apply to

(a) the time limits mentioned in connection with a contract or


the termination of a contract of employment between a
board and its teacher, or

(b) the time limits mentioned in connection with an appeal to


the Board of Reference.
1988 cS-3.1 s235;1990 c36 s51

Residence
273 For the purposes of this Act, the place of residence of a
person is governed by the following:

(a) a person can have only one place of residence;

(b) a persons residence is the place where that person


ordinarily lives and sleeps and to which, when absent
from the residence, that person intends to return;

(c) when a person leaves a district, division or unorganized


territory, as the case may be, with the intention of
becoming resident somewhere other than in that district,
division or territory, that persons residence in that
district, division or unorganized territory ceases;

(d) when a person leaves Alberta with the intention of


residing outside Alberta, that persons residence in
Alberta ceases.
1988 cS-3.1 s236

Delegation of Ministers powers


274 The Minister may authorize in writing

(a) an employee of the Government under the administration


of the Minister,

(b) a board or an employee of a board, or

(c) any other person designated by the Minister,

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RSA 2000
Section 275 SCHOOL ACT Chapter S-3

to do any act or thing, perform any duties or exercise any power


that the Minister may do, perform or exercise under this Act except
the power to make regulations.
1988 cS-3.1 s237

Enforcement of judgment
275(1) A judgment against or order for the payment of money by
a board may be enforced by means of a writ of enforcement and not
otherwise.

(2) The writ of enforcement shall specify the manner of satisfying


the judgment on any terms that the court rendering the judgment
determines.
1988 cS-3.1 s238;1994 cC-10.5 s166

Forms
276 The Minister may prescribe notices and forms to be used
under this Act whether or not specifically required to do so by this
Act.
1988 cS-3.1 s239

Penalty
277 Any person who contravenes section 27, 81 or 112 is guilty
of an offence and liable to a fine of not more than $1000.
1988 cS-3.1 s240

Penalty for failure to give information


278 A person who is required by this Act or the regulations

(a) to furnish any information, or

(b) to make a return, report or statement in writing,

and who refuses, neglects or fails to do so is guilty of an offence


and liable to a fine of not more than $1000.
RSA 2000 cS-3 s278;2001 c27 s28

Enforcement by Court
279(1) Where a board or another operator of a school or a person
employed by a board or by another operator of a school offers or
provides a course, an education program or instructional material
that is prohibited under section 39, the Minister may apply to the
Court of Queens Bench for an order directing the board, the other
operator of a school or the employee, as the case may be, to cease
or desist from offering or providing that course of study, education
program or instructional material.

(2) Where under this Act or the regulations

(a) the Minister or a board is empowered to make an order or


a direction to a person

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RSA 2000
Section 280 SCHOOL ACT Chapter S-3

(i) to do an act or thing, or

(ii) to cease doing an act or thing,

and that person does not comply with that order or


direction, or

(b) the approval of the Minister or a board is required in order


for a person to carry on an activity or do a thing and that
person carries on that activity or does the thing without
obtaining or after the withdrawal of that approval,

the Minister or the board that exercised that power or granted or


withdrew that approval may apply to the Court of Queens Bench
for either or both of the orders referred to in subsection (3).

(3) If subsection (2) applies, the Court may make either or both of
the following orders:

(a) an order directing the person to whom the order or


direction referred to in subsection (2)(a) was given to
comply with the order or direction;

(b) an order directing the person that carried on the activity or


thing referred to in subsection (2)(b) without the required
approval to cease or desist from carrying on the activity or
thing.

(4) The Court may grant an order under this section

(a) on the terms or conditions that the Court considers proper


in the circumstances, and

(b) notwithstanding that the respondent to the application has


or has not been prosecuted under this Act in respect of the
matter that is the subject of the application.
RSA 2000 cS-3 s279;2009 c53 s168

Labour Relations Code


280(1) Nothing in Part 1, 2 or 3 restricts or prohibits or is to be
construed as restricting or prohibiting a board or any employee of a
board from exercising any rights under the Labour Relations Code.

(2) Subsection (1) does not apply to a board or an employee to


whom the Education Services Settlement Act applies.
RSA 2000 cS-3 s280;2002 cE-0.5 s39

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RSA 2000
Section 281 SCHOOL ACT Chapter S-3

Part 11
Transitional
Continuation re boards, trustees, etc.
281(1) In this Part, former Act means the School Act, RSA 1980
cS-3.

(2) If property is liable to assessment

(a) for public school purposes under the former Act, it is


deemed to be liable to assessment for public school
purposes under this Act, or

(b) for separate school purposes under the former Act, it is


deemed to be liable to assessment for separate school
purposes under this Act,

until the municipality

(c) receives notice under section 156 or 157 in respect of the


property, or

(d) is advised that ownership of the property has been


transferred,

at which time the property is liable to assessment in accordance


with Part 6.
1988 cS-3.1 s244

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